Something that I got curious about when a client of my SO had a serious accident when after surgery, sepsis and futher surgery he had one lower arm amputated and the other lower arm practically useless. (He is now in another institution so I cannot ask my SO).
If a person is
mentally wholly competent (i.e. has no court appointed guardian)
literate (i.e. can understand what they’d be signing)
but physically incapable of handling a writing implement
what do they do on the occasions where they’d otherwise sign a form by way of legal approval?
I helped a student who was a confined to a wheelchair and couldn’t write due to limited muscular control. He asked me to help him put his fingerprint onto a document for him. Carried a little ink pad for exactly this purpose. He seemed to think it was quite ordinary and the paperwork went through without a hitch, so it works.
In the modern world and with modern knowledge that fingerprints are unique, the thumbprint is actually better than a signature for most purposes. In the days before we had that knowledge and when the local bank clerk knew customers signatures and scanned documents for forgeries, signatures were superior.
Some people also write with their mouths or feet or using what remains of their limbs.
For the past 10 years or so, the only time you really need sign for anything is for a delivery or a credit card (and even that less and less). For the first purpose a thumbprint is more than adequate. For the latter, photo ID and a thumbprint is superior to a plain signature. Pretty much everything else can be accomplished via electronic signatures or proxies.
Same as anyone else who for any reason is unable to sign their name in the usual fashion; make any mark and have it attested. Lots of people who have no arms write with pens held in their feet (and can sign there names) but even if you haven’t the capacity to form letters this way you can make a mark, or an impression on paper, with an instrument held in the feet or teeth.
The minimal legal requirement for signature is that you should make some mark or impression on the paper. it doesn’t matter how you make it, or what the mark looks like.
Even with no arms you can hold a pen in your mouth or feet and make a mark, or have someone help you make a fingerprint like Blake said. Legally signing a document just means that you make a mark on it signifying that you agree, while it’s common to write your name in cursive the idea that this is legally required is an urban legend.
There have been past threads that looked at this. I believe you can have anyone sign a document for you as long as it’s done with your approval and there’s no fraud involved.
*“I see” said Captain Hook off-handedly. *
I guess first thing, you don’t ask the person if you can lend a hand. (Actually, I almost did this. In Thunder Bay on a cross-Canada bus rip, there was a fellow who appeared to have both arms severed at the wrist. He was managing quite well getting a cup of coffee at the bus stop. I almost asked if he needed a hand…)
For people who can’t write, their “mark” is usually accepted. Why would it be different if they physically can’t write well? More likely, complex business would be handled by their power-of-attorney person.
Stephen Hawking also uses a thumbprint. I imagine that he does have people to handle most of his routine paperwork for him, but some things (such as his wagers with Kip Thorne), he sees fit to “sign” himself.
I once worked in the customer service desk of a supermarket in an area where there were still significant numbers of customers that were completely (not just functionally) illiterate. They were mostly very old people but they couldn’t write their own name at all and they still needed something to cash checks.
It wasn’t a big problem. There is an old joke about people just drawing a ‘X’ for their name but it isn’t a joke at all. That is really the way it worked. They drew one, we verified their identity either by sight or id and then had two witnesses (usually me and somebody that knew them) and that was the end of it.
Many real signatures are practically illegible on their own anyway. As other said, it can any mark that you say is yours. Even people with profound disabilities can usually come up with some way to make one.
If you want an extreme example, here is a clip from the classic semi-documentary Freaks showing a man (Prince Randian, the human torso) with no arms or legs lighting and smoking a cigarette. He could also draw and paint using his mouth. He even had a wife and kids. I don’t know if he ever signed his own paperwork but he could have easily even with those limitations.
Your signature is valid if both parties agree it is. For one example, at the bank you can sign an agreement that a facsimile signature on checks is okay and use a stamp, or a printer. If you’ve got no hands, that might feel more dignified than putting a pen between your teeth.