Through power of attorney a person can provide legal authorization to another individual to perform actions on their behalf. This authorization serves different purposes and comes in various forms. Consequently, when managing legal matters or handling someone's affairs, it’s essential to understand how to sign as a power of attorney, the proper signature format, and the responsibilities that come with the role.
Who can sign as a Power of Attorney
Upon signing a POA, you become legally responsible to provide a signature on behalf of someone(principal) to safeguard their best interests during POA operations.
The Power of Attorney (POA) document formally identifies the person with the legal right to sign on behalf of the principal. Occasionally, the Power of Attorney (POA) document also includes a backup agent in case the first choice fails. While you can have multiple agents, it’s not always a beneficial idea—too many cooks in the kitchen can lead to conflicts.
Before sharing responsibility, you need to determine if you are working as either a joint agent or a concurrent agent. Under concurrent agency, the parties tackle individual choices independently, yet joint agents need mutual approval for everything. According to the power of attorney document, it describes the process for handling differences that may occur. Seek legal assistance as a solution in case conflicts arise.
Whether managing finances or making healthcare decisions, understanding your authority and limits is crucial. When in doubt, consulting a lawyer can save you from unnecessary headaches.
How to sign as power of attorney
Remember that it is vital that the POA’s signature clearly reflects their role acting on behalf of another person, not as themselves.
Bring the right document: Any problems or delays with executing the document can occur if you do not sign properly or if you forget to mention your representative status as per POA. Before signing documents on behalf of someone else, you should always enquire about their preferred signature requirements, particularly for both banks and medical institutions. The signature presentation at certain locations requires specific formats, so you should verify required protocols before executing the document. Also, remember to bring the actual POA docs with you whenever you’re conducting business on someone else’s behalf.
Review and sign the contract: If any changes are made, consult the principal to confirm they serve their best interest. Seek legal advice from a law firm. Sign above the signature line, either in person or online. For government agency agreements, you may need to appear in person. Robot Lawyer offer a secure and legally binding option. You may access POA templates for simplified creation, editing, and storage.
what are the right signature format as power of attorney
After receiving authorization to sign as POA, a person acting as an attorney-in-fact providing a signature on behalf of someone must know the format of a legally valid signature as well. Below are common formats:
- [Principal’s Name] by [Your Name], as Power of Attorney
- [Your Name], Attorney-in-Fact for [Principal’s Name]
- [Principal’s Name] by [Your Name], Attorney-in-Fact
- [Your Name], Acting as Power of Attorney for [Principal’s Name]
For instance, if Oliver Carter is the principal and Emma Reynolds is the attorney-in-fact, the signature should appear as:
- Oliver Carter by Emma Reynolds, as Power of Attorney
- Emma Reynolds, Attorney-in-Fact for Oliver Carter
- Oliver Carter by Emma Reynolds, Attorney-in-Fact
- Emma Reynolds, Acting as Power of Attorney for Oliver Carter
Use your complete legal name but verify which format the institution approves for your name because different organizations have their own requirements.
What are the duties of an attorney-in-fact
People classified as fiduciaries accept their legal duties when they function as delegated agents. A fiduciary exists as the entity that handles and protects the financial possessions of another person. A fiduciary must handle other people's matters with both carefulness and fairness during their entrusted role. Moreover, any attorney-in-fact who neglects their fiduciary responsibilities may be subject to civil liability or criminal prosecution.
Any deal in which you benefit personally can make the person who gave you power of attorney question whether you are acting in their best interests given your fiduciary relationship. If you stand to gain a lot from a transaction, you should talk to an attorney before executing any of the POA docs.
Things to watch out for
Understanding how to sign as a power of attorney is essential, however, there are other important things one must know and take necessary precautions. For instance, POA docs can limit or broaden business transactions if the authority is not clearly defined. What should you do?
- Consultation with a lawyer is advisable for clarification.
- Unauthorized transactions can lead to civil or criminal penalties.
- Signing documents in personal name without indicating power of attorney could result in personal liability.
- Signing documents only in the principal's name could lead to fraud or forgery penalties.
- Signing as POA can be beneficial for managing relatives' affairs on behalf of unavailable individuals.
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Frequently asked questions
1. How should a power of attorney be signed?
Ans 1. The power of attorney should be signed by only the principal. The correct way is to sign in a legally recognized format. For example, if Kelly is granting power of attorney, then as a principal, she must sign as "Kelly [Last Name], Principal."
2. Who signs a power of attorney in the UK?
Ans 2. Legally, only the donor—that is, the person providing the power of attorney—has the ability to sign a POA in the United Kingdom. Depending on the form of POA, the certificate provider—a person verifying that the donor understands the LPA and is not under pressure to sign—the attorney—the person authorised to act on behalf of the donor—and witnesses might also be asked to sign.
3. Can the same person witness all signatures on a power of attorney?
Ans 3. The same person cannot observe all signature sequences on a power of attorney document. The donor and attorney along with the certificate provider need separate witnesses for their respective signatures.
4. Can a family member witness a power of attorney document?
Ans 4. Remember that it is preferable to have friends, associates, or neighbors as a witness of the principal’s signature in the POA. This is because it leaves no room for disputes, and also, understand that the witness must be neutral and unrelated to the attorney or the principal.
5. Why would a power of attorney be rejected?
Ans 5. One must check that the POA doc has detailed and correct information, along with being properly signed, correctly dated, and using clear language. Also, the principal must be capable of understanding the document, leaving no chances of misinterpretation, so that the attorney is suitable for acting on behalf of the principal.