If you are reading this article then you are most probably looking to learn how to sign documents as a power of attorney. A Power of Attorney legally assigns responsibility for certain tasks or duties to a third person called an Agent. The person that signs (executions) a Power of Attorney document is called the principal. The power of attorney assigns responsibilities to different people, often family members or close friends, depending on the written document. An example of a Power of Attorney would be a deed or trust, contract, insurance policy, or business contract.
As an attorney, I have seen many examples of how to use the powers of attorney that are delegated to me. One case in point involves a real estate agent that wants to sell a house to a client, but doesn’t want to do any work on the property. He instead wants to pay someone else to do all the work for him. He also wants to make financial decisions for his principal so he delegates the Power of Attorney of his name to someone else. To make financial decisions, he needs to sign a Power of Attorney of his own.
This works in the same way, when an agent wants to create a Will. He must sign the Will or Power of Attorney of his choice in order to execute it. The Power of Attorney must not be recorded unless it is with proper ink and a signature that cannot be forged. If you want to avoid potential problems when trying to use it in the future, be sure to keep your Will and Power of Attorney signing clean.
The process of creating and executing legal documents has changed over time as well. Originally there was the use of traditional signatures, but ecommerce laws have made it impossible for agents to sign without the proper authorization. In addition, electronic signatures were created to help those who were not able to sign in person. Electronic signatures are now the most commonly used method of legally executing many types of documents.
Before you get started, it’s important that you understand how the documents you are creating will work. For example, if you have a will it will become a legal document once signed. However, when you use electronic signatures it won’t be considered a valid PoA until you present it to the person on whose behalf you intend it to go to. Even then, it won’t be considered legally binding unless you have written documentation confirming your intent to the person intended to receive the document. In most cases it is best to seek legal advice from a lawyer to ensure that the electronic signature is legally binding.
If you’re unfamiliar with how to sign documents as a power of attorney, there are specific instructions and documents that you must follow. You must appoint an agent or attorney-in-fact who is physically present during the process. In the case of a will, you must appoint an officer of the court who is a resident of the jurisdiction in which the will is registered. In the case of a POA, you are using your own name as the agent on all correspondence and documents.
The first thing that needs to be done is to draft the document. This starts with selecting the agent, who can either be yourself or someone else chosen by you. Then you need to incorporate certain terminology that will define the relationship between the principal and the agent. For example, you may want to indicate whether the agent is to have access to or make contact with any of the principal’s assets, and what type of tasks the principal is to allow the agent to perform. You will also want to include language stating what happens if the principal dies, for how long and under what circumstances. Other than that, there isn’t really much else to it.
Now, let’s talk about the actual form. Once you’ve drafted the necessary language, take your signed POA form and fill it out entirely. Make sure to sign it twice, and then sign the top portion. Give yourself a little time, since most people don’t sign their full name over a period of time until they’re sure that they actually know what they’re signing.