When someone appoints you as their attorney-in-fact under a Power of Attorney (POA), you can legally sign legal documents on their behalf if necessary. However, signing on the principal’s behalf isn’t as simple as writing down both of your names.
Read on to learn how to take the proper steps and correctly sign as the power of attorney, so you can avoid any issues when signing documents on someone’s behalf.
A power of attorney is a document that creates a legally binding agreement between two parties — a principal and an attorney-in-fact (also called an agent).
A power of attorney document grants an attorney-in-fact the right to:
As an attorney-in-fact, you must act in the principal’s best interest and adhere to their wishes when signing documents. This means doing what the principal wants you to, no matter what.
A durable power of attorney form remains effective if you become incapacitated and unable to communicate your wishes.
If loved ones suspect an agent isn’t acting in the principal’s best interests, they can take steps to override the power of attorney designation.
Acting as someone’s attorney-in-fact can be complicated. The steps below ensure the signing process runs smoothly and meets legal requirements.
When signing as a POA, you must bring the original or a copy of the complete and signed power of attorney form to the meeting — even if you’ve previously submitted or filed a copy of the document with the institution (such as a bank, financial agency, or government institution).
You must also bring government-issued photo identification (i.e., driver’s license). Your ID lets the institution confirm that you’re the person named in the power of attorney and verify your signature is authentic.
Most agencies or institutions require a specific format when signing under a Power of Attorney. Consider calling ahead to establish what format is preferred — if any.
If there’s no preference, use a standard format such as the one in the signature sample below:
First, the proper way to sign a Power of Attorney is to write the Principal’s signature. This shows that you’re acting on the principal’s behalf, not your own.
And remember to use the principal’s full legal name. If you see their name listed on any pre-existing paperwork at the institution, replicate its format.
Sign your name below the principal’s name. Add the word “by” in front of your name to indicate you’re signing as POA on the principal’s behalf.
Below or next to your name, make it clear that you have the authority to sign on the Principal’s behalf. To indicate that you’ve been given signing authority, write “attorney-in-fact” under or next to your name. Other variations, like “agent”, “POA” or “power of attorney” are also acceptable.
Failing to indicate that you’re signing on the Principal’s behalf under a power of attorney can invalidate the agreement and even lead to civil or criminal lawsuits.
Here’s a sample of what a power of attorney signature should look like:
The final step is to file each document you’ve signed in a secure location.
Knowing you have the authority and responsibility to sign as a Power of Attorney for a loved one or a family member can be challenging, but it can be a simple task if you prepare accordingly.
Be sure to follow any directions while maintaining a clear record of the proceedings for future use.
You should note that the law prohibits using a Power of Attorney after the Principal’s death.
Legal Content Writer
Mollie Moric is a staff writer at Legal Templates. She translates complex legal concepts into easy to understand articles that empower readers in their legal pursuits. Her legal advice and analysis.
Use our free power of attorney form to let someone make legal and financial decisions for you.
