Signature by Power of Attorney

An individual may choose to grant permissions for another individual to act on their behalf in certain matters. To do this, the person, known as the “Principal” will sign a power of attorney granting the other individual, known as an attorney-in-fact or agent, the powers that they wish the attorney-in-fact or agent to have. The attorney-in-fact or agent may, from time to time, may sign documents on behalf of the individual that granted them the authority to do so.

When a document needs to be signed by an attorney-in-fact or agent the notary must review the power of attorney to ensure the attorney-in-fact or agent is acting within the powers granted to them. The notary must also ensure that the power of attorney presented to them is a fully executed document and that the effective date of the document is on or before the current date and if an expiration date is listed, that the date of the notarization is prior to the expiration date. The notary must log in their journal that the notarial act was a signature by an attorney-in-fact or agent via a specific power of attorney.

If it is ever unclear to you that the power or attorney grants a specific power or that it is valid, then you should inform the attorney in fact (or agent) of this and suggest they contact an attorney to help them with the execution of the document.