The correct way to sign a check when you hold power of attorney
When you sign a check as someone's power of attorney, you sign your own name, then write "as Power of Attorney for [Principal's Name]" or "as Attorney-in-Fact for [Principal's Name]" below it. The principal's name does not go on the signature line itself. This tells the bank that you are signing on behalf of someone else, not in your own capacity, and protects both you and the account holder if there is ever a question about the transaction.
The exact format matters because banks use it to verify that the signature authority is legitimate. If you sign only your own name, the bank may refuse to cash the check or may treat it as your personal check. If you sign the principal's name without identifying yourself as their attorney-in-fact, you risk being accused of forging their signature, even though you have legal authority to do so.
Key Takeaways
- Sign your own name on the signature line, then write "as Power of Attorney for [Name]" or "as Attorney-in-Fact for [Name]" directly below it.
- Never sign only the principal's name, and never sign only your own name without the power of attorney designation.
- Some banks have specific requirements for how this notation must appear; call ahead or ask the teller if you are unsure.
- Keep a copy of the power of attorney document with you when depositing checks, because some banks will ask to see it before accepting the signature.
- The power of attorney must be in effect and valid at the time you sign; an expired or revoked power of attorney makes the signature invalid.
What the signature line should look like
The standard format is straightforward. On the "Pay to the Order of" line, write the payee name as usual. On the signature line at the bottom right, write your own signature. Directly below your signature, print or write your name followed by the designation. For example:
Sarah Mitchell as Power of Attorney for James Mitchell
Some people use "Attorney-in-Fact" instead of "Power of Attorney"—both are correct and mean the same thing. "Attorney-in-Fact" is the more formal legal term, but banks accept either one. The key is that the bank can see at a glance that you are not signing in your personal capacity.
If the check is large or the bank is unfamiliar with the account, the teller may ask you to show the actual power of attorney document. This is normal procedure. Bring the original or a certified copy with you when you deposit checks, especially if you have not used this account before or if the check amount is unusually high.
When you need to show the power of attorney document
Banks are required to verify that a power of attorney is valid before they honor a check signed under it. The first time you use a power of attorney at a particular bank, expect to present the document. The teller will usually make a copy for the bank's records. After that, the bank may accept your signature without asking again, though some banks ask to see it each time.
If the power of attorney is old—more than a few years—the bank may be more cautious. Some banks have internal policies that require a fresh copy after a certain period. If a teller refuses a check, do not argue; instead, ask what documentation they need. It is faster to provide what they ask for than to dispute the refusal.
If the power of attorney has expired or been revoked, you cannot sign checks under it, and the bank will reject any check you present. Make sure you know the expiration date of the document before you attempt to use it. If it has expired and you still need to manage the principal's finances, a new power of attorney must be created and signed.
Differences between durable and non-durable power of attorney
A durable power of attorney remains valid even if the principal becomes incapacitated or mentally unable to manage their own affairs. A non-durable power of attorney ends when ready if the principal loses capacity. Banks do not always know the difference by looking at the document, but it matters if the principal becomes ill or is declared incompetent.
If you are signing checks under a non-durable power of attorney and the principal becomes incapacitated, you lose the authority to sign, even if you have already been doing so. The bank may freeze the account pending a guardianship or conservatorship. If you are signing under a durable power of attorney, your authority continues. Make sure you understand which type you hold, and keep that information with the document itself.
What happens if you sign incorrectly
If you sign only your own name without the power of attorney designation, the bank may treat the check as coming from your personal account. This can cause the check to be rejected if there are not enough funds in your account, or it can create confusion about whose money is being spent. The principal may later dispute the transaction, claiming they did not authorize it.
If you sign the principal's name without identifying yourself as their attorney-in-fact, you have technically forged their signature, even though you have legal authority to do so. The bank may refuse the check outright. If they do cash it and the principal later questions it, you could face legal trouble because the signature does not show that you were acting under authority.
The safest approach is to always use the full designation. It takes five extra seconds and prevents almost all disputes. If a bank refuses a correctly signed check, ask to speak to a manager and bring the power of attorney document with you.
Special situations: joint accounts and multiple signers
If the principal has a joint account with another person, both account holders can usually sign checks without power of attorney. However, if you are signing as power of attorney on a joint account, use the same format: your signature plus the designation. The bank needs to know you are not signing as a co-owner but as an agent.
If multiple people hold power of attorney for the same principal, each person signs their own name with the designation. You do not combine signatures on one check. Each attorney-in-fact signs separately if both signatures are required, or one signs if the power of attorney allows any one of you to act alone. Check the document to see whether it requires all attorneys-in-fact to sign together or allows any one to act independently.
Keeping records of checks signed under power of attorney
Keep a record of every check you sign as power of attorney, including the date, amount, payee, and purpose. This protects you if the principal later questions the transaction, and it helps you account for the money if you are ever asked to provide a full accounting of how you spent the principal's funds. Some courts require this accounting if there is a dispute or if the principal passes away and the estate is being settled.
Store copies of the checks and a written log together with the power of attorney document. If you are managing a large account or signing many checks, consider keeping a straightforward spreadsheet with the date, check number, payee, amount, and a brief note about what the money was for. This takes only a few minutes per month and can save you hours of trouble later.
Frequently Asked Questions
Can I sign a check as power of attorney if the principal is still alive and able to sign?
Yes. Power of attorney does not require the principal to be incapacitated. You can sign checks on their behalf even if they are perfectly capable of signing themselves, as long as the power of attorney document gives you that authority. The principal may have granted you this power for convenience—for example, to pay bills while they are traveling or to manage a business account.
What if the bank refuses to accept my signature as power of attorney?
Ask the teller what documentation or format they need. Some banks have specific internal requirements for how the signature must appear. If they still refuse, ask to speak to a manager and bring the original power of attorney document. If the bank continues to refuse without a valid reason, you may need to switch banks or contact the state banking regulator.
Do I need to tell the principal every time I sign a check?
That depends on the terms of the power of attorney and your relationship with the principal. If the document says you can act independently, you do not have a legal obligation to notify them. However, if the principal is still capable of understanding, it is usually a good idea to keep them informed, especially for large transactions. If the principal is incapacitated, you should still keep detailed records in case you need to account for the money later.
What if the power of attorney document is very old?
Banks may refuse to accept a power of attorney that is more than a few years old, even if it is still technically valid. Some states have laws that presume a power of attorney is no longer valid after a certain period unless it is "durable." If your document is old, ask the bank whether they will accept it. If not, you may need to have a new one created and signed by the principal.
Can I use power of attorney to sign checks after the principal dies?
No. Power of attorney ends when ready upon the principal's death. After that, only the executor or administrator of the estate can sign checks on the deceased person's account. If you attempt to sign checks after death, you are forging a signature, even though you previously had authority to do so.