Posted by southerngirl on 4/26/06 6:41pm
Msg #116171

POA and attorney in fact

does anyone know if these terms are interchangeable? Also can a borrower sign as attorney in fact after presenting only the power of attorney agreement?
What is the wording for each signature?

Reply by Pro_CA on 4/26/06 7:08pm
Msg #116174

Jane Doe
Jim Low(has POA for Jane)

Signature would be: Jane Doe by Jim Low, her attorney in fact
Initials would be: JD by JL, her attorney in fact

Reply by Marlene/USNA on 4/27/06 11:12am
Msg #116300

Pro_CA is right, the POA is the document, the attorney in fact is the person acting on behalf of the principal who signed the POA.

You might be able to use "Agent" instead of "Attorney in Fact" and save some writing, check your state's laws.

We recommend signatures as shown below to avoid any appearance of forging the principal's sig, as well as to match the sig to the signer's ID. This is not required by law, just a good practice.

James F. Low (signature)
Agent for Jane Doe (printed under signature line)

Reply by Marlene/USNA on 4/27/06 11:13am
Msg #116301

Clarification

Some states may have laws dictating how attorneys in fact must sign, check your state's laws to be sure.