What you need to do to sign as attorney in fact
To sign as attorney in fact, you must first have a valid power of attorney document that names you in that role, then sign documents using the specific format the document itself requires. Most powers of attorney include language that tells you exactly how to sign — typically your name followed by "as Attorney in Fact for [Principal's Name]" or similar wording. You cannot sign as attorney in fact without a document that authorizes it, and you cannot use a power of attorney that has expired, been revoked, or never existed in the first place.
The person who created the power of attorney — called the principal — must have signed it in front of a notary public before you can use it. Some states require witnesses as well. You will need to have the original signed document or a certified copy with you when you sign on behalf of the principal, because banks, real estate offices, and other institutions will ask to see it before they accept your signature.
Key Takeaways
- You must have a signed, notarized power of attorney document that names you as attorney in fact before you can sign anything on behalf of the principal.
- The power of attorney document itself will specify how you must sign — usually your name plus "as Attorney in Fact for [Principal's Name]".
- You will need to present the original or certified copy of the power of attorney whenever you sign, because institutions require proof of your authority.
- The principal's signature on the power of attorney must be notarized, and some states also require witness signatures.
- If the power of attorney has expired, been revoked, or was never properly executed, your signature will not be accepted.
How to sign the document correctly
Open the power of attorney document and look for the signature line or the section that describes how the attorney in fact should sign. Most documents include language like "The Attorney in Fact shall sign as follows:" or show an example signature line. If the document does not specify a format, the standard approach is to write the principal's name, then your name, then your title.
For example, if you are signing a check on behalf of Jane Smith, you would write: "Jane Smith, by David Reeves, Attorney in Fact" or "David Reeves, as Attorney in Fact for Jane Smith." Some institutions have their own requirements — a bank might ask you to write the principal's name on one line and your signature on another, with "Attorney in Fact" underneath. Ask the institution where you are signing what format they prefer before you put pen to paper.
Do not sign your own name alone, and do not sign only the principal's name. Both names must appear, along with your title, so that the signature shows you were acting under authority and not on your own behalf. If you sign incorrectly, the institution may reject the document and ask you to sign again.
What to bring when you sign
Bring the original power of attorney document or a certified copy. A certified copy is a photocopy that has been stamped and signed by a notary public or court clerk to confirm it is a true copy of the original. Banks and government offices almost always accept certified copies, though some may ask for the original.
You will also need a form of identification — a driver's license, passport, or state ID card. Some institutions ask for two forms of ID. The institution where you are signing may also ask you to fill out a form confirming that the power of attorney is still in effect and has not been revoked. Have the principal's contact information available in case the institution needs to verify the document with them.
If the power of attorney is old — more than a few years — some banks and financial institutions may ask for a new one, even if it has not expired. This is not a legal requirement in most states, but institutions can refuse to accept an old document if they believe it may have been revoked without their knowledge. Ask ahead of time whether the institution will accept your document.
When institutions may refuse your signature
A bank, title company, or government office can refuse to accept your signature if the power of attorney does not clearly authorize the specific action you are trying to take. For example, if the power of attorney says the attorney in fact can handle "financial matters" but does not mention real estate, a title company may refuse to let you sign a deed. If it says "healthcare decisions only," a bank will not let you access the principal's accounts.
Institutions may also refuse if the power of attorney appears to be expired. Most powers of attorney include an expiration date or state that they remain in effect "until revoked." If the document is undated or the date has passed, ask the institution whether they will accept it. Some states allow "durable" powers of attorney that survive the principal's incapacity, but only if the document explicitly says so.
If you are signing after the principal has died, the power of attorney is no longer valid. The principal's estate must be handled through probate or another legal process, not through a power of attorney. If the principal has become mentally incapacitated and the power of attorney is not durable, it may also be invalid — check the document and your state's law.
Notarization and witness requirements for the original document
Before you can sign as attorney in fact, the principal must have signed the power of attorney in front of a notary public. The notary will watch the principal sign, check their identification, and then stamp and sign the document themselves. This is a legal requirement in all 50 states. Without a notary's signature and seal, the document is not valid.
Some states also require one or two witnesses to watch the principal sign. The witnesses must be adults who are not related to the principal and who do not stand to benefit from the power of attorney. If your state requires witnesses, the power of attorney document will say so. The principal's attorney or the notary can tell you whether witnesses are needed in your state.
If the power of attorney was not notarized or does not have the required witnesses, it is not valid, and you cannot sign as attorney in fact. The principal will need to create a new one with proper notarization and witnesses. This is why it is important to check the document carefully before you try to use it.
Signing for specific types of transactions
Real estate transactions have their own rules. If you are signing a deed or mortgage on behalf of the principal, the title company or real estate attorney will usually require the power of attorney to be notarized again in front of them, or they will ask for a certified copy. Some title companies also require the attorney in fact to sign an affidavit — a sworn statement — confirming that the power of attorney is still in effect and the principal has not revoked it.
Bank transactions often require you to sign in front of a bank officer or notary. Some banks will let you sign at a teller window; others require an appointment with a manager. Call ahead and ask what the bank's process is. You may need to bring the power of attorney, your ID, and the principal's ID, even though the principal is not present.
Healthcare decisions usually do not require a signature in the same way — instead, you will show the power of attorney to doctors and hospitals, and they will add it to the principal's medical file. Government transactions like filing taxes or explore for benefits may require you to sign specific forms that the agency provides, in addition to the power of attorney itself.
What happens if you sign incorrectly or without authority
If you sign without a valid power of attorney, or if you sign in a way that does not match the document's requirements, the institution may reject the signature and refuse to process the transaction. You will have to ask the principal to sign again, or to create a new power of attorney if the original was lost or expired.
If you sign as attorney in fact but the power of attorney does not actually authorize that specific action, the signature may be challenged later. For example, if you sell the principal's house without the power of attorney giving you that authority, the principal or their heirs could take legal action to undo the sale. This is why it is critical to read the power of attorney carefully and make sure it covers what you are trying to do.
Signing as attorney in fact when you are not actually authorized to do so — for example, if the power of attorney has been revoked and you did not know — can expose you to legal liability. Always confirm that the power of attorney is current and covers the transaction before you sign.
Frequently Asked Questions
Can I sign as attorney in fact if the principal is present?
Yes. The principal does not have to be present, but they can be. If they are present, you still sign as attorney in fact, not as a witness to their signature. The power of attorney must still be valid and notarized.
What if the power of attorney does not say how to sign?
Use the standard format: the principal's name, then your name, then "Attorney in Fact" or "as Attorney in Fact for [Principal's Name]." Call the institution where you are signing and ask if they have a preferred format before you sign.
Do I need a certified copy or can I use a photocopy?
A certified copy is safer and more widely accepted. Many institutions will not accept a plain photocopy. You can get a certified copy from a notary public or court clerk for a small fee.
What if the principal revoked the power of attorney and did not tell me?
You will not know unless the principal tells you or the institution checks with them. If you sign in good faith using a power of attorney you believed was valid, you are generally protected. However, always ask the principal directly before signing whether the power of attorney is still in effect.
Can I sign as attorney in fact after the principal dies?
No. A power of attorney ends when the principal dies. After death, the principal's estate must be handled by an executor or administrator through probate or another legal process.