Person unable to write may make mark
211 Person unable to write may make mark
Any person required by this Act to sign the person’s name may, on satisfying an attesting witness that the person is unable to write, make the person’s distinguishing mark, which must be witnessed by the attesting witness and the person’s distinguishing mark when so witnessed, is, for the purposes of this Act, deemed to be the personal signature of that person.
Where a person is required by this Act —
to sign the person’s name; or
make the person’s distinguishing mark,
is unable to do either of those things and a legally qualified medical practitioner has certified in writing that the person is so physically incapacitated that the person cannot sign their name or make their distinguishing mark, another person may on behalf of the person sign the name of the person in accordance with the directions of the first‑mentioned person.
A certificate referred to in subsection (2) shall be attached to the document to which it relates.
A certificate referred to in subsection (2) is not required in relation to a declaration completed under section 100I.
[Section 211 amended: No. 44 of 1911 s. 39; No. 68 of 1964 s. 39; No. 31 of 1982 s. 7; No. 9 of 1983 s. 28; No. 79 of 1987 s. 75; No. 36 of 2000 s. 47; No. 30 of 2023 s. 175.]
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