what is the proper way to do a power of attorney signature

by Ron Jenkins 9 min read

The proper way to sign as an agent is to first sign the principal's full legal name, then write the word “by,” and then sign your name. You may also want to show that you are signing as an agent by writing after the signature: Agent, Attorney in Fact, Power of Attorney, or POA.

Who needs to sign a power of attorney?

Sep 04, 2020 · A power of attorney is a legal document that gives someone the authority to sign documents and conduct transactions on another person’s behalf. A person who holds a power of attorney is sometimes called an attorney-in-fact. Many people sign a financial power of attorney, known as a durable power of attorney, to give a friend or family member the power to conduct …

What should be in a power of attorney?

Nov 17, 2021 · A very important step of signing as a Power of Attorney is to indicate that you are signing on behalf of the principal and not as them. This needs to be done in the area of the contract or transaction papers reserved for the signees. Normally this will be marked with the principal’s name.

Who can sign a power of attorney?

Oct 24, 2018 · After the principal’s name, write “ by ” and then sign your own name. ( Principal’s name, by agent’s signature) Under or after the signature line, indicate your status as POA by including any of the following identifiers: “as POA,” “as …

How to sign by power of attorney?

Feb 18, 2009 · October 21, 2018 February 18, 2009 by Standard Legal. If you have been named as “Attorney in Fact” by a Grantor through a Power of Attorney document, there is only one method that any document should ever be signed under this authority. When signing on behalf of a Grantor as Attorney-in-Fact, you should always sign YOUR OWN NAME, followed by the words …

image

What is a power of attorney?

A power of attorney is a legal document that gives someone the authority to sign documents and conduct transactions on another person’s behalf. A person who holds a power of attorney is sometimes called an attorney-in-fact.

Who is responsible for managing a power of attorney?

A person who acts under a power of attorney is a fiduciary . A fiduciary is someone who is responsible for managing some or all of another person’s affairs. The fiduciary has a duty to act prudently and in a way that is fair to the person whose affairs he or she is managing.

Can a power of attorney be used for business?

Don't exceed your authority. A power of attorney document may give you broad power to transact business, or your powers may be more limited. Make sure you understand what you are and aren’t allowed to do as attorney-in-fact, and consult a lawyer if you need clarification. You could face civil or criminal penalties for unauthorized transactions.

Who is Jane Haskins?

Jane Haskins is a freelance writer who practiced law for 20 years. Jane has litigated a wide variety of business dispute….

What does POA mean?

When someone gives you power of attorney (POA) in the United States, it means you have the authority to access their financial accounts and sign financial or legal documents on their behalf. POA is given using a legal POA document that has been drafted and executed according to your state's law.

How to sign a power of attorney?

To sign as a power of attorney, start by signing the principal's full legal name. If you're dealing with a financial account, sign their name the same way it's listed on the account. Next, write the word "by" on the line below the principal's name and sign your own name.

What does it mean to be an attorney in fact?

When the document goes into effect, you become that person's attorney in fact, which means you act as their agent. Generally, to sign documents in this capacity, you will sign the principal's name first, then your name with the designation "attorney in fact" or "power of attorney.". Steps.

What happens if you don't check anything?

This means if you don't check anything, the agent won't have any powers. For other forms or templates, you simply list the powers the agent has. Execute your POA agreement. A POA agreement, to be valid, must be signed by both the agent and the principal.

When does a POA go into effect?

Your POA agreement should specify exactly when the POA will go into effect, how long it will last, and what duties and powers the agent has under the agreement. Some POA agreements go into effect when signed, while others are designed to go into effect only when a specified event happens.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow . Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 109,911 times.

Do you need a notary to sign a POA?

The process of signing the POA agreement is dictated by your state's law, and typically requires witnesses or a notary public. Typically both the principal and the agent must sign the POA document at the same time. If you need to have the document notarized, you should plan to both appear before the notary together.

How to act as a power of attorney?

When acting for the principal you must make sure not to: 1 Exceed your granted authority 2 Fail to keep up with your fiduciary duties properly 3 Ignore the principal’s wishes (where stated) 4 Forget to indicate that you are the Power of Attorney for the principal

What happens if you don't have a power of attorney?

If you don’t you run the risk of your Power of Attorney being overridden or revoked and other civil and legal penalties. When acting for the principal you must make sure not to: Exceed your granted authority. Fail to keep up with your fiduciary duties properly. Ignore the principal’s wishes (where stated)

Can you sign a power of attorney in your own name?

Once you’ve established the format for signing the document and if you agree with the document being authorized, you can then sign as you normally would using the principal’s name. After that, you'll need to sign the document yourself with your own name indicating your capacity as Power of Attorney as shown above.

What is a POA?

The document known as Power of Attorney (PO A) allows one party to make legal decisions or handle financial affairs on another party’s behalf. A family member can not automatically act as an agent for a relative without a POA. The person who wishes to grant another party powers of attorney must sign a legal document to that effect.

When do you need a POA?

A person needs a power of attorney when they want another person to deal with a specific task, such as signing documents for them if they are unconscious, away or otherwise unavailable.

Who is the principal in a power of attorney?

The principal is the person who assigns one or more of their powers to another party; the agent or attorney in fact is the person who has these powers assigned to them. In California, a natural person with the capacity to enter into contracts may execute a power of attorney.

Can a power of attorney sign a contract?

A person granted a power of attorney may be able to sign a contract for the sale of another person’s home, pay their bills, file their tax returns or apply for benefits like Supplemental Security Income (SSI).

What is POA in California?

A POA document can be a preprinted legal form from a stationery store, a legal document crafted by the principal’s estate planning lawyer, or a written copy of the correct language from the state's probate code that relates to POAs. In California, that is Probate Code Section 4401.

When does a power of attorney end?

A general power of attorney ends when the principal becomes incapacitated or dies. Durable powers of attorney remain in effect until the principal dies or revokes the power granted to the agent. In California, an agreement for a durable power of attorney must be in writing.

Who signs POA?

The POA must be signed by the principal or in the principal’s name by another adult in the principal’s presence, at the principal’s direction. The power of attorney must be acknowledged before a notary public or signed by at least two witnesses who are adults and not the principals’ agents.

What is a power of attorney?

A Power of Attorney creates a legal relationship between the principal and the agent. By agreeing to act as a Power of Attorney, the agent agrees to act in accordance with the principal’s instructions, or if there are no instructions, to act in the best interest of the principal.

What is the role of an agent in a mortgage?

The agent will be responsible for carrying on many financial transactions for the principal, including signing checks, deeds and contracts. It is important for the agent to act responsibly and keep records of all transactions conducted for the principal by properly keeping a record of receipts, payments and transactions. ...

image