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Attorney-in-fact
- When I notarize for an attorney-in-fact, does the attorney-in-fact need to show proof of the power of attorney before I notarize his or her signature?
- 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. Is the attorney advising his client correctly?
- If the signer is present and so is his attorney-in-fact, should I notarize the document using the attorney-in-fact when the signer appears able to sign his own document?
- 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. Can I notarize the document after seeing only a copy of a power of attorney?
When I notarize for an attorney-in-fact, does the attorney-in-fact need to show proof of the power of attorney before I notarize his or her signature?
Most states do not require you to view documentation giving authority to the signer to acknowledge signing a document on someone else’s behalf or to investigate if the person lawfully possesses such authority. However, the notary must identify the individual and their capacity granted to the signer by another party or entity.
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. Is the attorney advising his client correctly?
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:
John M. Wilson, attorney-in-fact, for Lynne Meadows.
If the signer is present and so is his attorney-in-fact, should I notarize the document using the attorney-in-fact when the signer appears able to sign his own document?
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. Can I notarize the document after seeing only a copy of a power of attorney?
Most states do not require you to view documentation giving authority to the signer to acknowledge signing a document on someone else’s behalf or to investigate if the person lawfully possesses such authority. However, the notary must identify the individual and their capacity granted to the signer by another party or entity.
Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.