Who is the “Attorney-in-Fact”?

In the world of notarization, few documents carry as much weight as the Power of Attorney (POA). It is a powerful legal tool. It allows life to keep moving when the person responsible can’t be there in person.

However, POA signings often cause confusion because of the terminology involved. Here is the breakdown of what is involved if you’ve been asked to sign for a loved one. Here is the breakdown if you’ve been asked to sign for a business partner. It also outlines who is involved.

📜 The Document vs. The Person

To understand a POA signing, you have to distinguish between the paperwork and the people:

• The Power of Attorney (POA): This is the physical (or digital) legal document. It outlines exactly what powers are being granted, whether it’s for healthcare, finances, or real estate.
• The Principal: This is the person who created the document. They are the owner of the assets or the individuals who need representation.
• The Attorney-in-Fact: This is the agent. Despite the name, this person does not need to be a lawyer. They are simply the person designated in the POA to act on the Principal’s behalf.

What a Notary Looks for in a POA Signing

When I arrive at a signing where an Attorney-in-Fact is appearing, my “notary radar” is looking for three specific things:

1. Proof of Agency

I must verify that the person sitting in front of me is indeed the Attorney-in-Fact named in the POA. I will need to see your government-issued ID. In addition, I need to see the original POA document (or a certified copy). This ensures you have the legal authority to sign that specific document.

2. The Capacity to Sign

Not all POAs are created equal. A “Medical POA” doesn’t give someone the right to sell a house. As a notary, I check the document to ensure it grants the specific powers needed for the transaction at hand.

3. Proper Signature Format

This is where many people get tripped up. An Attorney-in-Fact does not just sign their own name. To be legally compliant, they must sign in a way that shows they are acting as an agent.

Typical Format: [Principal’s Name] by [Your Name] as Attorney-in-Fact

Why These Signings Take Longer

I verify the identity of the signer. I also verify the validity of the document that gives them power. As a result, the “pre-game” of the signing takes a bit more time. We have to ensure the POA is still in effect. We must also verify that the Principal is still living (as most POAs terminate upon the death of the Principal).

Final Thought for Agents

If you are acting as an Attorney-in-Fact, you should have the POA document ready. Make sure it is available for inspection the moment the notary arrives. Being organized ensures the signing is smooth, legal, and—most importantly—uncontestable.