Your Signer has Power of Attorney

Your Signer has Power of Attorney

There are moments that could arise where your signer has power of attorney. As such, you are notarizing the document for the representative of a specific person. There are certain circumstances in which a person may have power of attorney. Power of attorney gives a person control over specific aspects of their life. Such a person is also called “the attorney in fact.”

Situations where power of attorney may exist

• Maybe a parent is getting older and is no longer able to deal with their finances.
• Someone may be in the armed forces and is deployed overseas, thus unable to handle their domestic affairs.
• Someone may have a type of job that could entail the potential for serious injury, and they appoint a representative to handle their affairs should they become incapacitated.

A misconception is that the person is the power of attorney. This is not true. They are an agent who has the power of attorney. This seems like a small difference, but we need to make the point clear. Another point to make is that power of attorney ceases should the person represented becomes deceased So, the person who has power of attorney has the authority to sign on behalf of the principal without that person present. The term principal refers to the person being represented.

What’s Important

If asked to notarize a power of attorney document, it is important to know the rules which apply in your specific state. Some states require you to obtain a thumbprint of the signer. Okay, so someone comes to you to notarize a document for a principal. They should sign it with not only the principal’s name, but their own name. So, that person may sign with the principal’s name first, then their own name followed by the words, “Attorney in Fact.”

In notarizing where only an attorney in fact is present, you will only need to confirm the identity of the person present. Obviously, you cannot verify the identity of the person represented, who is not there. A key point here is that when the signer has power of attorney, they need to present the document to the notary. A photocopy is not acceptable, unless it is a certified copy.

Again, different states have different rules governing power of attorney. So, know your own state’s rules thoroughly Regarding New York, you can find an excellent article at evident.com.

Remember, in New York, a notary must now keep a journal. Feel free to read our blog article on what to record in a notary journal.

Feel free to browse our other notary articles or visit our FAQ page. Visit our Notary New York home page.