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May the Powers of Attorney

Be with You

February 2013

Topics We Will Address Today

• Commonly asked questions regarding

notarizing powers of attorney

• General guidelines so you’ll know just

what to do in similar situations

Scenario

Mary S. Anderson brings in a document to

have notarized. Her signature includes her

name plus the title Attorney in Fact. What

should the Notary do?

Signature: Mary S. Anderson, Attorney in Fact_

What is a power of attorney?

• A legal document that authorizes a

person to act on behalf of someone

• What a power of attorney can be used for

Healthcare

Finances

Real Estate

Answer

What is the Notary’s role?

• Properly notarize the signature on the

document.

• The Notary is not allowed to explain the

contents of the POA.

Answer

Whose signature is being

notarized?

• Using our scenario, it is the attorney in

fact’s signature being notarized:

Mary S. Anderson

Answer

• If it’s an original power of attorney, it would

be the principal’s signature being

notarized: John R. Burns

Answer Cont’d

How would an attorney in fact sign?

• Just like on any other document

• The signer should ask the issuing or

receiving agency how to sign if unsure

Answer

Possible POA Signatures

• John R. Burns, by Mary S. Anderson,

attorney in fact

• Mary S. Anderson, attorney in fact for John

R. Burns, Principal

Do I need to see the power of

attorney?

• Depends on your state’s

laws

• A few states require it but

most do not

Answer

What if there is no certificate or

notarial wording?

Answer

• Usually the wording is pre-printed on the

document — read it carefully to make sure

it complies with your state’s laws

• If there is no such wording, you must ask

your signer to tell you which notarial act to

perform

What name goes on the certificate?

Answer

• The name of the person appearing before

you

• The following two slides are two examples

Principal Signer

The instrument was acknowledged before

me by John R. Burns (name of person)

Personally appeared before me

John R. Burns (name of signer)

Attorney In Fact Signer

The instrument was acknowledged before

me by Mary S. Anderson (name of person)

Personally appeared before me

Mary S. Anderson (name of signer)

What should the journal entry look

like?

Sample Journal Entry

February 22, 2013

John Burns 333 Park Place Anytown, USA

Acknowledgment

John R. Burns

Power of attorney 1-3-13

VA DL #T16700185 Exp. 7/15/2017 VA DMV

Named, Mary S. Anderson as attorney in fact

$0

At my office

Sample Journal Entry

February 22, 2013

Mary S. Anderson 444 Smith Street Anytown, USA

Acknowledgment

Mary S. Anderson

Medical Release 2-22-13

VA DL #T16830184 Exp. 2/15/2016 VA DMV

Attorney in fact for John R. Burns $0

At St. Jude’s Hospital

Summary

Don’t let the type of document confuse you.

The Notary’s job is to perform all of the steps

in the notarization process — that’s it. Keep

that in mind and it’s simpler than you think.

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Q & A For further information, contact:

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Questions?