Updated 9-6-22. Powers of attorney often raise questions for Notaries — How should the document be signed? Whose name goes in the certificate wording? Here are answers to some of the most common power of attorney questions.
What is a power of attorney document?
A power of attorney is a legal document authorizing someone to make decisions and sign documents on behalf of someone else. Generally, the person creating the power of attorney is known as the “principal,” who authorizes another person “the agent,” or “attorney in fact” to sign documents as the principal’s representative.
How do I notarize a power of attorney document?
Generally, when notarizing a signature on a power of attorney document, you would follow the normal steps for completing an acknowledgment or performing a jurat, depending on which type of notarial act is required or the principal asks for. You will follow the basic steps of notarization for any notarial act you perform:
If someone signs a document as attorney in fact, whose name and signature do I notarize?
In this situation, you notarize the signature of the attorney in fact, not the principal. This may be confusing because an attorney in fact will typically sign the document with both their name and the name of the person they are representing, such as “John Burns, attorney in fact for Mary Anderson, principal” or “Mary Anderson, principal, by John Burns, attorney in fact.”
However, since the attorney in fact has legal authority to represent the principal, you notarize only the attorney in fact’s signature. This means you verify the identity of the attorney in fact — not the principal — and write only the attorney in fact’s name in the notarial certificate wording.
The attorney in fact signing your journal entry should sign only his or her name. Under the “Additional information” section of the journal entry, you should note that the attorney in fact is signing on behalf of an absent principal and include the principal’s name.
Can an attorney in fact swear to or affirm the statement in the affidavit on behalf of the principal?
In most cases, one person cannot swear to or affirm truthfulness on behalf of another. If the attorney in fact requests a jurat or verification upon oath or affirmation, the attorney in fact must swear to or affirm the statement in their name only.
Using our previous example, if John Burns, attorney in fact for principal Mary Anderson, requests that you execute a jurat, he may state “I, John Burns, swear (or affirm) …” but he may not state “Mary Anderson swears (or affirms) ….”
If an attorney in fact in California requests a jurat, they must present proof of identity as required under California’s identification rules for notarizations.
Florida has a similar requirement. However, some states, such as Texas, do not require the Notary to verify identity for jurats.
If I’m notarizing the signature of an attorney in fact, do I need to ask the signer for proof of power of attorney first?
Each state’s laws on proof of an attorney in fact’s authority are different on this matter, so you will need to check your state’s Notary handbook or guidelines. Most states, including California, do not require Notaries to verify an attorney in fact’s representative capacity by checking the power of attorney naming the attorney in fact. Other states, such as Hawaii, require the Notary to see proof that the signer has power of attorney.
David Thun is an Associate Editor at the National Notary Association.