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Power of Attorney

Function: noun

A legal instrument authorizing one to act as another's agent or attorney. The person who authorizes another to be their agent is the grantor, while the person receiving authorization is the attorney in fact. Powers of attorney require being notarized and the type of notarization wording is generally acknowledgment certificate wording.

There are various types of power of attorney documents. One type of power of attorney is a health care power of attorney which authorizes the attorney in fact to make health care decisions for the grantor. There are real estate powers of attorney that authorize the agent to manage properties. Many banks have their own power of attorney form so that a relative of a hospitalized person can handle their banking transactions.

A power of attorney is the one document that a notary can make a certified copy of according to California notary law. Many stationary stores have standardized power of attorney templates available at low prices. To learn more about power of attorney laws, please contact your attorney.

Signers of powers of attorney are often incarcerated, or elderly people. Signers meeting these descriptions, don't always have current ID, or any identification at all. Please make sure the signers understand what they are signing to deter fraud from happening. Notaries should take care not to offer legal advice, and not to help drafting legal documents such as Powers of Attorney

The attorney in fact can sign documents as follows. If the attorney in fact is Sue, and the Grantor of the Power of attorney is Mark, she can sign,"Sue, as attorney in fact for Mark". Or, "Mark, by Sue, his attorney in Fact."

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