9.4 Power of Attorney and Representative Signers

Often the person in front of the notary is signing on behalf of someone or something else — another individual, a company, a trust, or an estate. This is signing in a representative capacity, and it follows a consistent set of rules no matter the title involved.

Attorney-in-Fact (Power of Attorney)

A power of attorney (POA) is a legal document by which one person (the principal) authorizes another (the attorney-in-fact, also called the agent) to act on the principal's behalf. "Attorney-in-fact" does not mean a lawyer — it simply means an authorized agent.

The Notary's Role

1. Identify the attorney-in-fact. The person who appears is the agent, not the principal.
2. Verify the agent's identity using your state's standard methods (government ID or credible witnesses).
3. Complete the certificate so it names the agent and reflects that they signed in a representative capacity.
4. Record in the journal that the signer appeared in representative capacity for a named principal.

The Notary's Limitations

Evaluating a POA crosses into the unauthorized practice of law (UPL). Refer those questions to a licensed attorney.

How the Attorney-in-Fact Signs

The signature should make the representative capacity clear, for example:

Jane Smith by Robert Jones, Attorney-in-Fact

Acknowledgment Wording for a Representative

"On this date, before me personally appeared Robert Jones, 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 that he executed it in his authorized capacity."

Other Representative Capacities

In every row, the rule is identical: the notary identifies and IDs the human who appears and records the stated capacity. The notary does not verify the corporation's bylaws, the trust instrument, or the court order — those are matters for the parties and their lawyers.

Why the Notary Stays Out of the Authority Question

It may feel strange that a notary will not confirm whether an agent or officer actually has the authority claimed. The reason is structural: a notary is a ministerial officer, not an adjudicator. Determining whether a POA is genuine, unrevoked, and broad enough — or whether a corporate resolution truly authorizes an officer to sign — requires interpreting legal documents and applying law to facts. That is exactly what unauthorized practice of law (UPL) statutes forbid non-lawyers from doing.

The party relying on the document (a bank, a title company, a county recorder) is responsible for vetting the authority; many will demand a certified copy of the POA, a corporate resolution, or Letters Testamentary for an executor before they accept the instrument.

What the Notary Records vs. What Others Verify

Worked Scenario

Maria appears holding a deed she will sign "as Trustee of the Lopez Family Trust." The notary checks Maria's driver's license, completes an acknowledgment naming Maria and noting she signed as trustee, and journals the act in representative capacity. The notary does not read the trust to confirm Maria is actually the trustee or that the trust permits the sale — those are legal questions. If Maria asks, "Does my trust let me sell this?", the correct answer is to refer her to an attorney.

Now vary it: Maria asks the notary to add the words "as Trustee" to her signature for her, or to advise her on how to title the signature line. The notary may describe common formats generically but must not draft or dictate the operative wording, because choosing how a representative binds a trust is legal advice. Maria should consult the document's preparer or her attorney.

Common Mistakes

1. Identifying the wrong person — the notary IDs the representative who appears, never the absent principal.
2. Asking for the principal's ID — you verify the agent, not the principal.
3. Evaluating the POA or trust — scope and validity are legal questions (UPL risk).
4. Refusing because the principal is absent — the principal's absence is the entire point of representative signing.
5. Omitting the capacity — the certificate and journal should state "as attorney-in-fact for..." or the relevant role.

On the Exam

• Identify the person who appears — the representative, never the absent principal.
• Verify the representative's ID, not the principal's.
• The notary does not evaluate the POA, trust, or corporate authority — refer legal questions to an attorney.
• The certificate reflects the capacity ("as attorney-in-fact for...").
• Signature format: "Principal by Agent, Attorney-in-Fact."