Power of Attorney and Representative Signers

Notaries frequently encounter situations where someone signs a document on behalf of another person or entity. This is called signing in a representative capacity, and it requires the notary to follow specific procedures.

Attorney-in-Fact (Power of Attorney)

A power of attorney (POA) is a legal document that authorizes one person (the "attorney-in-fact" or "agent") to act on behalf of another person (the "principal").

When an attorney-in-fact presents a document for notarization:

The Notary's Role

1. Identify the attorney-in-fact — The person who APPEARS before you is the attorney-in-fact, not the principal
2. Verify their identity — Use standard ID verification methods for the attorney-in-fact
3. Complete the certificate — The certificate identifies the attorney-in-fact as the person who appeared, signing on behalf of the principal
4. Record in your journal — Note that the signer appeared in representative capacity

The Notary's Limitations

• The notary should NOT evaluate the validity of the power of attorney
• The notary should NOT determine whether the POA covers the specific transaction
• The notary should NOT advise on whether the POA is still in effect
• These are legal questions that should be directed to an attorney

How the Attorney-in-Fact Signs

The attorney-in-fact typically signs in a format that identifies both the principal and themselves:

[Principal's Name] by [Agent's Name], Attorney-in-Fact

Example: "Jane Smith by Robert Jones, Attorney-in-Fact"

Acknowledgment Certificate for Representative Signing

The notarial certificate should reflect the representative capacity:

"On this date, before me personally appeared Robert Jones, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as attorney-in-fact for Jane Smith, and acknowledged to me that he executed the same in his authorized capacity."

Other Representative Capacities

Common Mistakes

1. Identifying the wrong person — The notary identifies the person who APPEARS (the representative), not the absent principal
2. Asking for the principal's ID — You verify the representative's identity, not the principal's
3. Evaluating the POA's validity — This is a legal question; refer to an attorney
4. Refusing because the principal is absent — The whole point of representative signing is that the principal need not be present

On the Exam

Representative signing questions are common:

• Identify the person who appears — the representative, not the principal
• Verify the representative's ID — not the principal's
• The notary does NOT evaluate the POA — that's a legal question
• Certificate reflects representative capacity — "as attorney-in-fact for..."
• Signature format: "Principal by Agent, Attorney-in-Fact"