The Principal Signs First, Then the Agent

A power of attorney document requires two people to sign it: the principal (the person giving power away) and the agent (the person receiving it). The principal always signs first. The agent signs after, confirming they understand what they are taking on and agree to act in the principal's best interest.

Some states require a notary public to witness both signatures. Others require one or two witnesses who are not related to either party and not paid by either party. A few states require all three — notary plus witnesses. The specific rules depend on what type of power of attorney you are creating and what state you live in.

If the principal cannot sign due to illness or disability, most states allow a mark (an X, a thumbprint, or initials) in place of a full signature, but a witness or notary must confirm they saw the principal make that mark and understood what they were doing.

Key Takeaways

  • The principal signs the power of attorney document first, then the agent signs after to confirm they accept the role.
  • Most states require either a notary public or two unrelated witnesses to watch both people sign, depending on the type of power of attorney.
  • The agent's signature means they have read the document, understand their duties, and agree to act in the principal's interest.
  • If the principal cannot write, a mark or thumbprint counts as a signature if a witness or notary confirms they saw it happen.

What the Principal's Signature Means

When the principal signs, they are saying: "I understand I am giving this person the power to act on my behalf in these specific areas." The principal is responsible for making sure the agent understands the limits of that power. If the document says the agent can only pay bills, the agent cannot sell the house — even if the principal later says it is okay.

The principal should read the entire document before signing, or have someone read it aloud to them. Once signed, the principal has created a legal document that courts will enforce. If the principal later claims they did not understand what they signed, a court will look at whether a witness or notary was present and whether the principal appeared to understand at the time.

What the Agent's Signature Means

The agent's signature is a promise. It says: "I have read this document. I understand what powers I have been given. I agree to use those powers only for the principal's benefit, not my own." In legal terms, the agent is accepting a fiduciary duty — a duty to put the principal's interests ahead of their own.

Some agents do not realize that signing means they can be held legally responsible if they misuse the power. If an agent spends the principal's money on themselves, or ignores the principal's wishes, the principal (or the principal's family after death) can sue the agent to recover the money. The agent's signature is the moment they accept that risk.

Witnesses and Notaries: Who Watches and Why

A witness is someone who watches both people sign and signs the document themselves, confirming they saw it happen. A notary public is a state-licensed official who does the same thing but also checks the signer's identity using a government-issued ID. Notaries keep a record of what they witnessed.

The reason states require witnesses or notaries is to prevent fraud. If someone forges the principal's signature, or pressures a confused principal into signing, a witness or notary can later testify in court about what they actually saw. Without a witness or notary, it becomes a "he said, she said" argument.

Most states do not allow the agent to be a witness. Some states do not allow the principal's spouse or children to be witnesses either, because they have a financial interest in the outcome. Check your state's rules before you ask someone to witness.

When Multiple Agents Sign

Some principals name more than one agent — for example, two adult children. The document will say whether those agents must act together (both must sign off on every decision) or whether they can act separately (either one can make a decision alone). Both agents still sign the original document, but their signatures mean different things depending on how the document is written.

If the document says agents must act together, and one agent signs a check without the other's approval, that check may not be valid. Banks sometimes refuse to honor it. If the document says agents can act separately, either agent can sign a check alone, and the bank will honor it.

Signing a Durable Power of Attorney Versus a Springing One

A durable power of attorney becomes effective the moment both people sign it. The agent can start using the power right away. A springing power of attorney does not become effective until a specific event happens — usually the principal's incapacity. Both require the same signatures and witnesses, but the timing of when the agent can act is different.

With a springing power of attorney, the agent may need to show a doctor's letter or court order proving the principal is incapacitated before banks or other institutions will honor the agent's signature. This can create delays. Many financial institutions prefer durable powers of attorney because the agent can act when ready without proving anything.

What Happens If Someone Signs Under Pressure or Fraud

If the principal was pressured, threatened, or deceived into signing, the power of attorney is not valid — even if it has proper signatures and witnesses. A court can void it if the principal (or the principal's family) proves the principal did not sign freely. This is why witnesses matter: if a witness can testify that the principal seemed confused or afraid, a court may invalidate the document.

If an agent forges the principal's signature, that is a crime. The agent can be prosecuted for fraud or forgery, and the power of attorney is void. The principal can also sue the agent for any money stolen or damage done.

Frequently Asked Questions

Does the agent have to sign the power of attorney right away?

No. The agent can sign later, even months or years after the principal signs. However, the agent cannot use the power until they have signed. Some agents sign at the time of creation; others wait until the principal actually needs them to act.

What if the principal is in the hospital and cannot go to a notary?

Many states allow a notary to travel to the principal's location — home, hospital, or nursing facility. Some notaries charge extra for travel. If the principal cannot sign at all, some states allow a court to appoint a guardian or conservator instead, which is a longer process but does not require the principal's signature.

Can someone sign a power of attorney on behalf of the principal?

No. The principal must sign it themselves, or make a mark if they cannot write. No one can sign for them. This is a core rule in every state because the power of attorney is only valid if the principal actually authorized it.

What if the agent dies before the principal?

The power of attorney becomes void for that agent. If you named a backup agent (called a successor agent), that person's authority kicks in. If you did not name a backup, you will need to create a new power of attorney with a different agent, or go to court to have someone appointed.

Do both signatures have to be on the same page?

Not necessarily. Some states allow signatures on different pages as long as the document is clearly one continuous power of attorney. However, it is safest to have both signatures on the last page, and to have the principal initial every other page to show they read the whole thing. Check your state's specific rules.