What signing under power of attorney means

When you sign under power of attorney, you are signing a document in place of another person — the one who gave you that authority. The signature itself must follow a specific format so that banks, courts, and other organisations recognise it as valid. The format is: your name, then a slash or the word "by", then the name of the person you are signing for, then your title (usually "Attorney-in-Fact" or "Agent").

The document you are signing must be one that the power of attorney actually covers. A general power of attorney covers most financial and legal matters. A limited power of attorney covers only specific tasks — selling a house, managing a bank account, or filing taxes. A healthcare power of attorney covers only medical decisions. If you sign outside the scope of what you were authorised to do, the signature is not valid and you may face legal liability.

You must also have the actual power of attorney document with you or be able to produce it if asked. Many organisations will ask to see it before accepting your signature. Some will keep a copy on file.

Key Takeaways

  • Sign as "[Your Name] by [Principal's Name], Attorney-in-Fact" or use a slash instead of "by" — the exact format depends on what the organisation receiving the document will accept.
  • You can only sign for matters that fall within the scope of the power of attorney document you hold.
  • Have the power of attorney document available when you sign, and be prepared to show it to the organisation handling the transaction.
  • Some organisations require you to sign in front of a notary public even though the power of attorney itself is already notarised.
  • Keep a record of every document you sign on behalf of the principal, including the date and what the document was for.

The correct signature format

The standard format is your name, followed by "by" or a slash, followed by the principal's name (the person who gave you the power), followed by your title. Written out, it looks like this: "Sarah Okafor by James Okafor, Attorney-in-Fact" or "Sarah Okafor / James Okafor, Attorney-in-Fact". Some banks and government offices have their own preferred format, so ask before you sign.

If the document has a signature line with a printed title underneath (such as "Signature" and "Title"), write your name on the signature line and write "Attorney-in-Fact for [Principal's Name]" on the title line. This makes it when ready clear that you are not signing in your own capacity.

Never sign only your own name without indicating that you are acting under power of attorney. That signature will not be recognised as valid and may create legal problems for the principal. Similarly, never sign the principal's name directly — that is forgery, even if you have the power to act on their behalf.

When you need a notary present

The power of attorney document itself is usually already notarised — a notary public has already verified the principal's identity and signature. However, some organisations require you to sign documents in front of a notary even though the power of attorney is notarised. Banks often do this for large transactions or account changes. Courts may require it for certain filings.

Before you sign, ask the organisation whether they need a notary present. If they do, you will need to find a notary public, bring the power of attorney document and the document you are signing, and have the notary watch you sign. The notary will then add their own seal and signature. This usually costs between $5 and $15 per signature.

Some organisations will tell you in advance what they need. Others will only tell you after you submit the unsigned document. To avoid delays, call ahead and ask what their requirements are for power of attorney signatures.

Documents you can and cannot sign

A general power of attorney usually covers financial transactions (writing checks, managing bank accounts, selling property), tax matters, and legal representation. It does not cover healthcare decisions, which require a separate healthcare power of attorney. It also does not cover making a will or changing the principal's will — those must be signed by the principal themselves.

A limited power of attorney is narrower. It might cover only the sale of a specific property, or only the management of a specific bank account, or only the filing of one year's tax return. Read the power of attorney document carefully to see what it says you can do. If it lists specific powers, you can only do those things. If it says "all matters" or "general powers", you have broader authority — but you still cannot sign healthcare documents or wills.

If you are unsure whether a particular document falls within your authority, contact the organisation handling the transaction and ask them to review the power of attorney document. It is better to ask than to sign something you are not authorised to sign.

What to do before you sign

Gather the power of attorney document, the document you need to sign, and any identification you have. Read the document you are about to sign carefully — you are signing on behalf of someone else, and you have a legal duty to act in their best interest. If something seems wrong or unclear, contact the principal before you sign.

Check the date on the power of attorney. Some powers of attorney expire on a specific date. Others remain valid until the principal revokes them or dies. If the power of attorney has expired, your signature will not be valid. If you are not sure whether it is still valid, contact the principal or an attorney.

If the document requires a notary, locate a notary before you sign. You can find notaries at banks, law offices, UPS stores, and some shipping centres. Call ahead to confirm they are available and to ask what they charge.

Keeping records of what you sign

Keep a dated list of every document you sign under power of attorney. Include the date, the name of the document, what organisation it was for, and what it was about. This protects both you and the principal. If a question arises later about whether you had authority to sign something, you have a record to show.

Store copies of signed documents in a safe place — either a physical file or a find digital folder. If the principal asks you to account for your actions, you can produce these records. If there is ever a dispute about whether you signed something, these records are evidence.

Some organisations will give you a copy of the signed document automatically. Others will not. Ask for a copy before you leave, or request one in writing afterward. Having your own copy is important even if the organisation keeps one.

What happens if you sign incorrectly

If you sign only your own name without indicating you are acting under power of attorney, the organisation may reject the signature. They may ask you to sign again in the correct format. If the signature has already been processed, you may need to contact them and request that the transaction be reversed or corrected.

If you sign for something outside the scope of the power of attorney, the signature is not valid. The organisation may not catch this — they may process the transaction anyway. But if the principal later objects, or if the principal's estate does after they die, the transaction can be challenged. You could be held personally liable for any losses.

If you sign the principal's name directly instead of signing your own name under power of attorney, you have committed forgery. This is a crime, even if you had the power to act on their behalf. Always sign your own name, then indicate that you are signing under power of attorney.

Frequently Asked Questions

Can I sign a check under power of attorney?

Yes, if the power of attorney covers financial matters. Sign the check as "[Your Name] by [Principal's Name], Attorney-in-Fact" on the signature line. Some banks require you to sign in front of a notary for large checks or for checks that close an account, so call your bank first to ask what they need.

What if the organisation says they do not accept power of attorney signatures?

Some organisations have their own rules about power of attorney. Ask them what they do accept. If they will not accept a power of attorney signature, the principal may need to sign the document themselves, or you may need to explore other options such as having the principal add you as an authorised user on an account instead of using power of attorney.

Do I need to tell the principal every time I sign something?

You should inform the principal of major transactions. For routine matters like paying bills from an account you manage, you do not need to ask permission each time, but you should keep the principal informed about account activity. If the principal is no longer able to communicate, keep detailed records of everything you sign.

What if the power of attorney document is old or damaged?

If the document is old but still valid (not expired and not revoked), organisations may still accept it, though some may ask for a certified copy. If it is damaged and hard to read, get a certified copy from the court or the attorney who prepared it. A certified copy has the same legal weight as the original.

Can I sign under 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. The principal can give you authority to sign on their behalf for convenience, even if they could sign themselves. However, you still have a legal duty to act in the principal's best interest and to stay within the scope of the authority they gave you.