as a notary what to do with an attorney in fact

If an attorney-in-fact is signing documents for a principal, your duties as a notary are to identify the attorney-in-fact, complete a notarial certificate, and make an entry in your record book.

Full Answer

What are my duties as a notary for an attorney-in-fact?

If an attorney-in-fact is signing documents for a principal, your duties as a notary are to identify the attorney-in-fact, complete a notarial certificate, and make an entry in your record book.

Do you notarize the principal or the attorney in fact?

However, since the attorney in fact has legal authority to represent the principal, you notarize only the attorney in fact’s signature. This means you verify the identity of the attorney in fact — not the principal — and write only the attorney in fact’s name in the notarial certificate wording.

Can a notary notarize a certificate of attorney-in-fact?

In most states, it will be common for a notary to see a notarial certificate with a stated capacity such as "John Doe, as attorney-in-fact for Mary Doe." This is generally acceptable except where state law specifically prohibits it.

Can a notary ask to see the original power of attorney?

Although some power of attorney documents can expire (and all expire on the death of the principal), the notary should not"unless specifically authorized by law"ask to see the original power of attorney document. The signer should simply be taken at his or her word.

What does signing as attorney in fact mean?

An attorney in fact is an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney.

How do I notarize for attorney in fact in California?

If a California Notary is asked to notarize a signature for a document granting power of attorney, the Notary must obtain the signer's thumbprint for their journal entry. California Notaries are also authorized to certify copies of a power of attorney document.

How do I write an attorney in fact?

Under or after the signature line, indicate your status as POA by including any of the following identifiers: “as POA,” “as Agent,” “as Attorney-in-Fact” or “as Power of Attorney.”

Why would I need an attorney in fact?

In finance, the attorney-in-fact is given the power to make payments, cash checks, manage bank accounts, and close accounts if necessary. If you require long-term hospital care, your cable, internet, or phone services may need to be suspended or closed.

Should power of attorney be notarized?

Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.

What happens if a notary makes a mistake?

What happens if a notary makes a mistake? The National Notary Association suggests that even the smallest mistake could have dire consequences. The notarized document could get rejected. A mistake that results in a rejection can result in late fees and penalties on the part of the client.

Is power of attorney and attorney-in-fact the same thing?

The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document.

How do I notarize power of attorney?

How to Complete a Notarized Power of AttorneyFill out the acknowledgement form, which should be attached to the POA. ... Affirm that the principal appeared before you voluntarily, that the terms of the POA are intended and that the signature on the document belongs to the principal. ... Ask the principal to sign the POA.More items...•

What is the difference between an attorney at law and an attorney-in-fact?

Attorney in fact vs. attorney at law — what's the difference? An attorney in fact is an agent who is authorized to act on behalf of another person but isn't necessarily authorized to practice law. An attorney at law is a lawyer who has been legally qualified to prosecute and defend actions before a court of law.

Who can override a power of attorney?

principalA power of attorney (POA) is a legal contract that gives a person (agent) the ability to act on behalf of someone (principal) and make decisions for them. Short answer: The principal who is still of sound mind can always override a power of attorney.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Do you hyphenate attorney-in-fact?

attorney-in-fact.

What Is A Power of Attorney document?

A power of attorney is a legal document authorizing someone to make decisions and sign documents on behalf of someone else. Generally, the person c...

If Someone Signs A Document as Attorney in Fact, Whose Name and Signature Do I notarize?

In this situation, you notarize the signature of the attorney in fact, not the principal. This may be confusing because an attorney in fact will ty...

Can An Attorney in Fact Swear to Or Affirm The Statement in The Affidavit on Behalf of The Principal?

In most cases, one person cannot swear to or affirm truthfulness on behalf of another. If the attorney in fact requests a jurat or verification upo...

If I’M Notarizing The Signature of An Attorney in Fact, Do I Need to Ask The Signer For Proof of Power of Attorney First?

Each state’s laws on proof of an attorney in fact’s authority are different on this matter, so you will need to check your state’s Notary handbook...

What is an attorney in fact?

As stated above, an attorney in fact is a person granted power of attorney to sign documents for someone else (the principal). An attorney in fact has authority to sign the principal's name and have that signature notarized without the principal being present.

What is a power of attorney?

A power of attorney is a document authorizing someone to perform duties on behalf of another individual. A person granted power of attorney to sign documents for someone else is typically referred to as an attorney in fact or agent, and the individual represented is referred to as a principal. An attorney in fact has authority to sign ...

What document is required to be notarized in CA?

The CA Notary Public Handbook states, "If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property OR a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal.".

What to do if you are signing as a representative of an absent principal?

In other states, if a person is signing as a representative of an absent principal, the NNA recommends asking the signer to formally state out loud in your presence that they have authority to sign on the principal's behalf.

Do you need a thumbprint for a power of attorney in California?

Your article states, "If a California Notary is asked to notarize a signature for a document granting power of attorney that relates to real estate, the Notary must obtain the signer's thumbprint for their journal entry.". However, I believe a thumbprint is required if the document to be notarized deals with real estate (with a few exceptions) ...

Do you need to notarize a power of attorney?

Some states may have special requirements when notarizing a document granting power of attorney. Always be sure to follow your state rules if asked to notarize a signature on a power of attorney document. If a California Notary is asked to notarize a signature for a document granting power of attorney, the Notary must obtain ...

Do notaries need a thumbprint in California?

If a California Notary is asked to notarize a signature for a document granting power of attorney, the Notary must obtain the signer's thumbprint for their journal entry. California Notaries are also authorized to certify copies of a power of attorney document. Page 18 of the state's 2021 Notary Public Handbook includes recommended certificate ...

What does it mean when an attorney in fact signs a document?

When an attorney in fact signs a document, the signature should include the name of the principal he or she represents. For example, if John Smith is signing on behalf of Jane Doe, the signature might read, “John Smith, attorney in fact for Jane Doe” or “Jane Doe, signed by John Smith, attorney-in-fact.”. Attorneys in fact may only be used ...

What does it mean to be an attorney?

An attorney in fact is a person authorized to sign documents on someone else’s behalf, but is not necessarily a practicing lawyer. It can mean any person who has been empowered to sign documents for another individual.

Can an attorney in fact be used for an acknowledgment?

Attorneys in fact may only be used for acknowledgments. A jurat must always be signed, sworn or affirmed in person by the primary signer, since no one can take an oath or affirmation for another person. When completing a certificate for an attorney in fact, all normal requirements must be met. The attorney in fact must provide satisfactory ...

Can a notary determine what type of notarization is used?

Hello. It is not permitted for the Notary to determine what type of notarization is used for a document. That is the decision of the signer. If instructions on a document are not clear, or a signer does not know what type of notarization they require, the signer should contact the document issuing agency, document receiving agency, or an individual authorized to provide legal advice for the document such as a qualified attorney to ask what type of notarization is required.

What to ask a notary before acknowledging an attorney in fact?

Before a notary public takes the acknowledgment of an attorney-in-fact, the notary should ask to see the power of attorney document or obtain some other proof of the signer’s authority to sign on behalf of the principal signer. The attorney-in-fact is insisting on signing the name of the principal signer on the signature line because he was ...

What does an attorney in fact sign?

When an attorney-in-fact signs a document in a representative capacity , the attorney-in-fact must sign his own name along with his title and the name of the principal signer. For example, the signature of the attorney-in-fact will read as follows:

Why is the attorney in fact insisting on signing the name of the principal signer on the signature line?

The attorney-in-fact is insisting on signing the name of the principal signer on the signature line because he was instructed by his attorney to do so in this manner.

Who has the power to act on behalf of the principal signer?

A notary public must make sure to read and verify that the attorney-in-fact actually has the power to act on behalf of the principal signer named on the document presented for the notarization. Back to top.

Can an attorney in fact act for the principal?

It is not the responsibility of the notary public to determine when an attorney-in-fact can act for the principal. The attorney-in-fact presented a document for a notarization that names his mother as the principal signer. The attorney-in-fact only brought with him a copy of a power of attorney that indicates he can sign on behalf of his mother.

Who can notarize for a bank in Louisiana?

Louisiana Revised Statute 35:4 says that a Notary who is an employee, officer, stockholder or director of a bank or other corporation may notarize for that bank or corporation, unless the Notary is a party to the instrument, either individually or as a representative of the bank or corporation.

Who should sign the journal entry for an attorney in fact?

The attorney in fact signing your journal entry should sign only his or her name . Under the “Additional information” section of the journal entry, you should note that the attorney in fact is signing on behalf of an absent principal and include the principal’s name.

Which states require power of attorney?

Two other states — Hawaii and Utah — require attorneys in fact to present to the Notary the original power of attorney document giving them authority to sign. Copies of the power of attorney document are not acceptable in Hawaii and Utah.

Does a power of attorney need to be signed in California?

The California Copy Certification of a Power of Attorney does not require the person requesting the certification to sign any document. This is because the Power of Attorney document has already been signed. The notary is certifying that it is an exact copy and no signature is required correct??

Can you attach acknowledgment to a notary?

Provided that the person making the request asks for an acknowledgment, it is acceptable for you to attach the appropriate acknowledgment wording that meets your state's requirements. The signer must choose the type of notarial act needed-the Notary should not make this choice on behalf of the signer.

Do notaries have to verify power of attorney?

Most states, including California, do not require Notaries to verify an attorney in fact’s representative capacity by checking the power of attorney naming the attorney in fact. Other states, such as Hawaii, require the Notary to see proof that the signer has power of attorney. David Thun is an Associate Editor at the National Notary Association.

Do you need a notary to be a jurat in California?

If an attorney in fact in California requests a jurat, they must present proof of identity as required under California’s identification rules for notarizations. Florida has a similar requirement. However, some states, such as Texas, do not require the Notary to verify identity for jurats.

Which states require notaries to sign as a representative?

Some, like Colorado, Florida, Nevada, Oregon, Pennsylvania and Texas, require Notaries to use different certificate wording when notarizing for someone signing as a representative instead of as a private individual. However, California Notaries must use the same acknowledgment wording whether the person is signing as an individual ...

Which states require notaries to confirm a signer's status?

Other states, such as Hawaii, Montana and Utah, require their Notaries to confirm the signer’s status. In Utah, a signer acting in a representative capacity must either present satisfactory evidence of their authority to the Notary, or provide a sworn statement or affirmation to the Notary that the signer has proper authority to execute ...

What is a representative signer?

A "representative signer" is a person signing the document on behalf of someone else or a business entity such as a corporation. It is sometimes referred to as acting in a "representative capacity.". This can include someone signing a document as an attorney in fact for another individual, a company executive signing business documents, ...

Do notaries need to verify signer status?

Whether you need to verify a signer's status depends on the state where you are commissioned. As mentioned previously, California prohibits its Notaries from certifying a signer’s status as a representative. Other states, such as Hawaii, Montana and Utah, require their Notaries to confirm the signer’s status.

Can an attorney swear an oath in someone else's name?

However, be aware that in most states an attorney in fact can’t swear an oath in someone else’s name. So if "John Doe" is signing and requesting a jurat as a representative of "Jane Smith," John cannot assert that "Jane Smith swears this ...

Do notaries sign in California?

However, California Notaries must use the same acknowledgment wording whether the person is signing as an individual or in a representative capacity. While California Notaries may sometimes use another state's notarial wording for documents that will be filed in another state, they may not use out-of-state wording asking a Notary ...