How to Perform a Power of Attorney Notary Act

Published February 11, 2023 · Updated May 21, 2026

A power of attorney (POA) is a legal document where one person (the principal) authorizes another person (the attorney-in-fact or agent) to act on their behalf. Notarizing a POA is similar to notarizing other documents, but there are specific things to watch for, especially when the attorney-in-fact is signing on behalf of the principal.

What a Power of Attorney Does

A POA grants the attorney-in-fact the authority to sign documents, manage finances, make medical decisions, or handle other matters on the principal’s behalf. The attorney-in-fact’s signature on a document has the same legal effect as if the principal signed it themselves.

Key points:

• The attorney-in-fact does not need to be an actual attorney. They are an agent, not a lawyer
• The attorney-in-fact is legally obligated to act in the principal’s best interest
• Multiple types exist: general, durable, springing, medical, financial

Notarizing the Principal’s Signature

When the principal signs the POA document granting authority to the attorney-in-fact:

1. Verify the principal’s identity using acceptable ID
2. Confirm the principal is signing voluntarily and understands what they are signing
3. Administer the oath or take the acknowledgement as required
4. Complete the notarial certificate (venue, date, signer name)
5. Record the notarization in your journal
6. If required by your state, obtain the principal’s thumbprint (California requires thumbprints 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 using the POA authority):

• Verify the attorney-in-fact’s identity
• Confirm they have a valid POA document granting them authority
• The attorney-in-fact signs their own name, usually in a format like: “John Smith, Attorney-in-Fact for Jane Smith” or “John Smith, as agent for Jane Smith under POA dated January 1, 2026”
• Do not tell the signer what signature format to use. The title company or closing agent determines the correct format. If no one has specified, ask the hiring company before the signing.

What Loan Signing Agents Need to Know

In loan signings, you may encounter a borrower signing via power of attorney. This is common when one spouse cannot attend the closing, or when a trustee signs on behalf of a trust.

• Title company instructions control the signature format. Do not decide on your own how the attorney-in-fact should sign. Follow the instructions from the title company or signing service.
• You may need a copy of the POA. The title company or lender may require a copy of the POA document to be included with the loan package. They should provide this, but if they do not, ask.
• Some lenders do not accept POA signatures. Certain lenders have policies against POA signings. If the title company approved it, proceed. If you are unsure, call the signing service.
• Record everything in your journal. Note that the signer was acting as attorney-in-fact, the name of the principal, and that you verified the POA document.

Common Questions

Do I need to read the POA document?

You are not responsible for evaluating whether the POA is valid or whether it grants authority for the specific transaction. You verify the signer’s identity and confirm willingness. The parties and their attorneys are responsible for the document’s legal sufficiency.

What if the principal is not present?

If only the attorney-in-fact is signing, the principal does not need to be present. You notarize the attorney-in-fact’s signature, not the principal’s.

Can I notarize a POA for a family member?

Check your state’s rules. Some states prohibit notarizing for immediate family members. If allowed, treat it the same as any other notarization: verify identity, confirm willingness, record in your journal.

Related Reading

• Common Notary Mistakes and How to Avoid Them
• Acknowledgements: Do Signers Need to Sign in Front of a Notary?
• Hospital Notary Services

Frequently Asked Questions

Can a notary notarize a power of attorney?

Yes. Notarizing a POA follows the same process as notarizing any other document: verify the signer’s identity, confirm willingness, administer the oath or acknowledgement, and complete the notarial certificate. Some states have additional requirements (California requires a thumbprint).

Does a power of attorney need to be notarized?

In most states, yes. A POA typically needs to be notarized to be legally valid. Some states also require witnesses. Check your state’s requirements.

How does an attorney-in-fact sign?

The attorney-in-fact signs their own name in a format specified by the title company or closing agent. Common formats include “John Smith, Attorney-in-Fact for Jane Smith” or “John Smith, as agent for Jane Smith under POA dated 2026.” Follow the hiring company’s instructions.

Do I need the principal present when notarizing the attorney-in-fact’s signature?

No. You verify the attorney-in-fact’s identity, not the principal’s. The attorney-in-fact signs in their capacity as agent.

What if I suspect the POA is invalid?

You are not responsible for determining the legal validity of a POA. Your job is to verify the signer’s identity and confirm willingness. If you suspect fraud, you can refuse the notarization, but determining legal validity is for attorneys and courts.