Legal Question in Elder Law in California

Signing as Attorney in Fact

I have a General Power of Attorney over my brother and have been signing his checks and other documents with only his name (closely matching his signature). I understand that the ''appropriate'' way to sign on his behalf is ''my name as Attorney-in-fact for his name''. Are there any legal consequences for not signing the ''suggested'' way? After all, I have the General Power of Attorney to act on his behalf regardless. So what does it matter on the signature procedure?


Asked on 7/19/02, 11:34 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Signing as Attorney in Fact

I don't know that there's been any harm done, but you should use the correct procedure from this point forward to avoid any problems in the future--you don't want a bank accusing you of fraud or trying to undo some transaction.

Generally you would sign "Brother's name, your name, under durable power of attorney dated xx/xx/19xx."

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Answered on 7/19/02, 5:50 pm


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