Posted by CopperheadVA on 11/3/10 6:03am
Msg #359450

I had a POA signing yesterday

I always ask the hiring party exactly how they want the POA agent to sign the docs. Usually it's:

John Doe by Jane Doe, his Attorney-in-Fact

However, yesterday I was instructed by the TC to have her sign this way:

John Doe (signed in cursive) John Doe (printed) by Jane Doe (in cursive) Jane Doe his Attorney-in-Fact (printed)

This was a first for me!

Also, they wanted the initials "JD" - which was a representation for John Doe. They said the POA status would be reflected in the signature!

Reply by Jim/AL on 11/3/10 8:58am
Msg #359466

Weird way, never had that request.

I had an excessivley long one recently

John Doe by Jane Doe as Attorney in fact, pursuant to Power of Attorney Dated. I questioned hiring party they said sign exactly that way TC knows what they want. I called TC on the way and they shortened it considerably...thank God.

Reply by FlaNotary2 on 11/3/10 9:20am
Msg #359467

For what it's worth - the preferred method in Florida

is for the attorney-in-fact to sign "Jane Doe, as attorney-in-fact for John Doe".
(source: p. 40, Governor's Ref. Manual for Notaries, 2001 ed.)

IMO, this is the proper way an AIF should sign. I know, of course, as an NSA you do not have the authority to decide how it should be signed, but the above method makes the most sense to me.

When I see, "John Doe, by Jane Doe, his attorney-in-fact", I think of "Pat Frank, Clerk of Circuit Court, by Mary Doe, as Deputy Clerk". Deputy clerks are given all authority of the actual clerk, and can do anything whatsoever that the clerk could do if personally present. The same is not always true for AIFs. POAs, particularly those involved in specific real estate transactions, are often limited to certain powers. When an AIF is executing a document in his/her capacity, the AIF is not really signing *on behalf* of the principal, as if the principal were present, but rather is signing in a representative capacity.

I'm probably overthinking this, and it probably doesn't matter either way. The foregoing is just MHO.

Reply by PAW on 11/3/10 9:59am
Msg #359472

Re: The preferred method in Florida according to the FL Bar

How should the attorney-in-fact sign when acting as an attorney-in-fact?

The attorney-in-fact will always want to add after his or her signature that the document is being signed “as attorney-in-fact for” the Principal. If the attorney-in-fact only signs his or her own name, he or she may be held personally accountable for whatever was signed. As long as the signature clearly conveys that the document is being signed in a representative capacity and not personally, the attorney-in-fact is protected. Though lengthy, it is, therefore, best to sign as follows:
Howard Rourk, as attorney-in-fact for Ellsworth Toohey.
In this example, Howard Rourk is the attorney-in-fact, and Ellsworth Toohey is the principal.

Florida notaries also need to be aware that the capacity (Attorney-in-Fact) must also be stated in the notarial acknowledgment certificate. (See page 30 of the Florida Notary Manual, for an acknowledgment in a representative capacity.)

And, according to the Florida Bar and Supreme Court, an attorney-in-fact cannot make a sworn statement on behalf of the principal. In other words, the AIF cannot sign any affidavit or other document where an oath needs to be given [to the principal] and certified by the notary by use of a jurat.

Reply by MW/VA on 11/3/10 10:13am
Msg #359475

That is a strange one. Usually the verbage is printed under

the signature line.