Using a Power of Attorney

If you have been selected as an Attorney-in-Fact, you may exercise the powers authorized in the Power of Attorney upon signing. As a fiduciary acting on the Principal’s behalf, you must act prudently and reasonably in managing the Principal’s affairs.

You will present a copy of the Power of Attorney to a third party, and explain that you are acting under the authority of the Power of Attorney. If you are authorized to take the action, the third party should allow you to take the action on behalf of the Principal. You may be asked to sign a form stating that you are acting properly on the Principal’s behalf.

When signing any document, clearly convey that you are signing in your capacity as Attorney-in-Fact for the Principal. Example: “John Smith, by Jane Smith as Attorney-in-Fact”. In this example, John Smith is the Principal who executed the Power of Attorney and designated Jane Smith as his Attorney-in-Fact.