In fact, when a signer takes an acknowledgment in his capacity as an attorney-in-fact, he is essentially certifying himself to be authorized to act in that capacity. ![]() The signer should simply be taken at his or her word. Although some power of attorney documents can expire (and all expire on the death of the principal), the notary should not"unless specifically authorized by law"ask to see the original power of attorney document. When a signer represents himself of herself to be an attorney-in-fact, or the president of a corporation, for example, the notary generally does not need to ask"and in fact may be prohibited by law from asking"to see proof of the stated capacity. The capacity in which an attorney-in-fact executes a document is generally not the concern of the notary. The next few sections will explain how to proceed when this occurs. ![]() A valid power of attorney requires two parties: the principal, who is the person signing and granting the power of attorney to another person, and the agent (sometimes called attorney-in-fact), who is the person given the power to act on behalf of the principal.Īs a notary, you might be approached by an attorney-in-fact who asks you to notarize a document on behalf of a principal. A power of attorney is a legally binding document that grants a specified person, called an attorney-in-fact, power over someone else's assets, legal-decision making, real estate transactions, and medical decisions in the event the individual is incapacitated or otherwise unavailable.
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