When you're designated as an attorney-in-fact through a Power of Attorney (POA), you gain the legal authority to sign documents on behalf of someone else. However, signing as an attorney-in-fact involves more than just writing both names. It requires careful adherence to specific steps to ensure proper signing and avoid complications in managing the principal's affairs.
To effectively fulfil this role, it's essential to understand and follow the guidelines related to being an attorney-in-fact. Compliance with these rules safeguards the principal's interests and maintains legal correctness.
Understanding the extent of the authority granted by the POA is crucial. POAs can range from specific actions like signing financial papers to broader responsibilities covering various legal matters. Before signing, verify that your authority covers the document or transaction.
Here's a step-by-step guide to help you sign documents as a POA:
Step 1) Identify Yourself
Clearly state that you're the attorney-in-fact to differentiate your signature from your own.
Step 2) Declare Your Authority
Mention your role as the attorney-in-fact. For instance, write "John Smith, as attorney-in-fact for Jane Doe."
Step 3) Signature
Sign using the principal's name, placing your signature below theirs.
Step 4) Additional Details
Some documents may need extra information, such as dates or specific powers granted. Ensure you provide these details as required.
Step 5) Notarization
If required, sign in front of a notary public who will verify your identity and signature.
What is a Power of Attorney?
A Power of Attorney is a legal document that establishes a relationship between the principal and the attorney-in-fact. It grants the attorney-in-fact specific rights to:
- Access the principal's financial accounts.
- Sign legal documents on their behalf.
- Manage the principal's legal and business matters.
- As an attorney-in-fact, your primary duty is to act in the principal's best interests and follow their directives. A durable power of attorney remains valid even if the principal becomes incapacitated.
If there are concerns about the attorney-in-fact's actions, mechanisms exist to challenge or revoke the POA & signature authorization to protect the principal.
How to Sign Documents with a Power of Attorney - A 6-Step Guide
Step 1 - Prepare: Have the signed POA and your ID ready.
Step 2 - Confirm Signature Format: Check the institution's preferred signature format.
Step 3 - Sign as Principal: Use the principal's name to start the signature.
Step 4 - Add Your Signature: Sign your name below theirs with a "by" prefix.
Step 5 - State Your Authority: Clarify your role as the attorney-in-fact.
Step 6 - Secure the Documents: Safely store the signed documents.
Being an attorney-in-fact under a power of attorney is a significant responsibility. Following the outlined steps ensures legal compliance and protects the principal's interests. Lingoline provides a secure, efficient platform for managing these legal matters, making the process streamlined and reliable.