Legal Question in Wills and Trusts in California
Signing as an Attorney In Fact
I am a notary public. Recently a client came to me with a power of attorney for her parents. Her attorney told her that she should only sign her parents names on the document without her own name stating that she was the attorney in fact. I told her that every time I've notarized someone with POA they would write --name removed--Doe by Jane Doe as the attorney in fact.''
Is it ever legal for someone acting as the attorney in fact not to indicate that with both their signature and the identifying words?
1 Answer from Attorneys
Re: Signing as an Attorney In Fact
I believe that you are correct... so if Jane Doe is the one holding POA for John Doe, she would sign "John Doe by Jane Doe as Attorney-In-Fact"
Under a different rule, Jane Doe can sign John Doe's name to a document, when specifically instructed to do so by John Doe and Jane Doe consented to so sign and does sign (i.e., John Doe says to Jane Doe "Sign my name to this document for me, and Jane Does signs his name to the document as instructed."). This is called the amanuensis rule. John Doe should have a good reason why he can't sign himself at that time, and it behooves both of them to have lots of witnesses.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
