What should you sign and Why?
One of the important aspects in conveyancing is the signing of the power of attorney to effect transfer, affidavits, and other detailed documents. The seller and purchaser will sign the transfer documents. The purchaser will also sign bond documents if the property is financed by way of a home loan. Signatures are meant to tell us the identity of the person who signed the document and the legal effect of signing that specific document.
Signatures usually take the form of the signatory’s name, surname and/or initials. This is done to authenticate the identity of the signatory. It therefore aims to prevent fraud or impersonation.
But what happens if you cannot sign a document yourself?
The reasons could vary from illiteracy, mental incapacity, or it could be due to a temporary or permanent physical condition that prevents you from being able to write. Are you then excluded from being a part of the process of buying and/or selling your immovable property? Are you exempted from having to sign the documents? What are your options?
If you have a physical condition and cannot sign, what are your options?
The good news is that there are legal solutions for your situation. For people unable to sign due to a physical condition or illiteracy, a mark or a thumbprint will suffice provided that these are made in the presence of a Commissioner of oaths or a Notary and witnesses. The
certification is done to confirm that the Commissioner is satisfied with the identity of the signatory, and that it is the signatory’s mark or thumbprint displayed on the document.
So, what if you are disabled, can you sign for yourself?
If you are deaf, mute, or blind, then a notary will attach a certificate confirming that they have read over and explained the document, and that you have understood and duly signed in their presence and in the presence of the witnesses.
The signatory has limited mental capacity?
If the person who is meant to sign the documents has limited mental capacity, then a representative may be appointed. The representative is called a curator bonis. A curator bonis is appointed to handle the financial affairs of the incapacitated person, including property matters. A curatorship is granted by the courts on application by a person with an interest in the matters of the incapacitated person.
And what if you are a child that has some signing to do?
If the person is a minor who is under 7 years old, he/she has no capacity to contract so their parents and/or guardians will sign on his/her behalf. If the person is a minor who is aged between 7 and 18 years of age, he/she has the capacity to sign documents but only with the assistance or consent from his/her parents and/or guardians.
In conclusion, if you are illiterate, or physically incapable of signing conveyancing documents, a mark or a thumbprint done in the presence of a commissioner of oaths or a Notary will be sufficient. If you are physically impaired then a notary will assist with the signing and will attach a certificate. Minors can, with the assistance of their parents and/or guardians, sign for themselves provided they are not under 7 years old. Furthermore, if you know of a loved one who has limited mental capacity and property is going to be transferred to or from them, a curator bonis should be appointed to assist with signing conveyancing documents on their behalf.
