How to Perform a Power of Attorney Notary Act
Notarizing a power of attorney comes down to one question: whose signature are you certifying? If the principal is signing the POA itself, you notarize the principal. If an attorney-in-fact is using an existing POA to sign some other document, you notarize the agent, in the signature format the title company or closing agent specifies. Everything else, ID, willingness, certificate, journal, is standard notary work, with one state quirk: California requires a thumbprint for powers of attorney.
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What a Power of Attorney Does
A power of attorney (POA) is the document where one person (the principal) authorizes another (the attorney-in-fact or agent) to act on their behalf, signing documents, managing finances, making medical decisions, or handling other matters. Once granted, the agent’s signature carries the same legal effect as the principal’s.
Three things notaries regularly have to clarify: the attorney-in-fact is an agent, not a lawyer, and need not be an attorney; the agent is legally obligated to act in the principal’s best interest; and POAs come in several flavors, general, durable, springing, medical, and financial, each granting different scope. If you work hospital or eldercare settings, where POAs appear constantly, our hospital notary guide covers the practical wrinkles.
Notarizing the Principal’s Signature
When the principal signs the POA document granting authority to the agent:
- Verify the principal’s identity using acceptable ID
- Confirm the principal is signing voluntarily and understands what they are signing
- Administer the oath or take the acknowledgment as the certificate requires (unsure of the difference? Read whether signers must sign in front of you)
- Complete the notarial certificate (venue, date, signer name)
- Record the notarization in your journal
- If your state requires it, take the principal’s thumbprint (California does for POA documents: Government Code § 8206)
Notarizing the Attorney-in-Fact’s Signature
When the attorney-in-fact signs a document on behalf of the principal (not the POA itself, but a document executed under the POA’s authority), verify the agent’s ID, confirm a valid POA grants them authority, and have them sign their own name, typically as “John Smith, Attorney-in-Fact for Jane Smith” or “John Smith, as agent for Jane Smith under POA dated January 1, 2026.”
One rule saves the most grief: never dictate the signature format yourself. The title company or closing agent determines it, and if nobody has specified, ask the hiring company before the signing.
What Loan Signing Agents Need to Know
In loan signings you will meet borrowers signing by power of attorney, usually a spouse who cannot attend, or a trustee signing for a trust. Title company instructions control the signature format; follow them rather than improvising. The lender may want a copy of the POA in the loan package, and they should supply it, but ask if it is missing, because some lenders refuse POA signings entirely. Whatever happens, your journal should record that the signer acted as attorney-in-fact, the principal’s name, and that you reviewed the POA document.
Frequently Asked Questions
Can a notary notarize a power of attorney?
Yes. The process matches any other notarization: verify the signer’s identity, confirm willingness, administer the oath or take the acknowledgment, and complete the certificate. California adds a thumbprint requirement for POAs (Government Code §8206).
Does a power of attorney need to be notarized?
In most states, yes, a POA must be notarized to be legally valid, and several states also require witnesses. Check your state’s execution requirements before the appointment.
How does an attorney-in-fact sign?
The agent signs their own name in the format the title company or closing agent specifies, for example John Smith, Attorney-in-Fact for Jane Smith. If nobody has specified a format, ask the hiring company before the signing rather than choosing one yourself.
Do I need the principal present when notarizing the attorney-in-fact’s signature?
No. You verify and notarize the agent’s signature, in their capacity as agent. The principal does not attend.
What if I suspect the POA is invalid?
Judging legal validity is not your job. You verify identity and willingness; attorneys and courts handle validity. If something smells like fraud, you may refuse the notarization, and you should.
Can I notarize a POA for a family member?
Only Florida, Massachusetts, and Michigan flatly ban notarizing for close family. Everywhere else the real limit is your own interest: do not notarize a POA that names you as the agent or gives you any financial benefit. See our state-by-state family notarization guide.
Do I need to read the POA document?
You are not responsible for evaluating whether the POA is valid or whether it covers this transaction. Scan it enough to confirm you are notarizing the right person’s signature, and note in your journal that the signer acted as attorney-in-fact.
Updated October 2026.
