Power of attorney documents and notarizing for an attorney in fact often cause confusion for Notaries because of special requirements. For more information, visit the Notary Bulletin: https://bit.ly/NotarizePOA

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Power of Attorney Document:
The person granting signing privileges to another person is called the principal. The principal signs the power of attorney document. The person given signing authority is called the attorney in fact.

Notarizing for an Attorney in Fact:
The attorney in fact personally appears before a Notary, so that should be noted in the notarial certificate and Notary journal. When signing, the attorney in fact should reference both their own name and that of the principal.

Is it Necessary to Verify the Attorney in Fact’s Authority?
Some state require you to verify that an individual has a power of attorney, so check your state’s regulations before you proceed. If your state does not specify, the NNA recommends you have the signer state out loud that they have the authority to sign on the principal’s behalf.

Jurats: Taking an oath or affirmation in the name of another person is generally not permitted. So, if an attorney in fact requests a jurat, then they may only swear or affirm in their own name.

Special Certificates: If your state does not specify attorney in fact wording, then just use the appropriate standard certificate.

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