E-signatures · How it works
How to sign as power of attorney
To sign as an attorney, sign your own name, not the donor's, and add words that show you sign for them under the power, such as Mary Chen by her attorney David Chen. Before signing, check the power of attorney is in force and covers that kind of document, and keep a copy ready to show.
An attorney signs as themselves and says who they are signing for. The wording is short; the checks before the pen touches the page are what keep the signature valid.
Nuwan Madhusanka · Co-founder
4 min read · Published
| Jurisdiction | Common wording | Law to check |
|---|---|---|
| Australia | [Donor] by [her or his] attorney [Attorney], signed by the attorney | The Powers of Attorney Act of the state, such as Victoria 2014 or Queensland 1998 |
| England and Wales | Signed by [Attorney] as attorney for [Donor] | Powers of Attorney Act 1971, section 7 |
| United States | [Donor], by [Attorney], attorney in fact | The state's power of attorney statute |
- 1
Read the power of attorney
Check it is a power you still hold, has not been revoked or ended, and covers this kind of transaction. A general power may be limited to financial matters; a limited one may name a single sale or account.
- 2
Check any conditions
Some powers start only on a date or event, require two attorneys to act together, or must be registered before they are used for land.
- 3
Sign your own name
Write your usual signature. Never imitate the donor's signature, which would misrepresent who signed.
- 4
Add the capacity wording
Print the donor's name, the words by their attorney, and your name, so the document shows you signed for them under the power.
- 5
Date it and keep evidence
Date the document, keep a certified copy of the power with your records, and give one to the other party if they ask to see your authority.
What signing as attorney means
A power of attorney is a document in which one person, the donor or principal, authorises another, the attorney, to act for them. When the attorney signs, the donor is bound as if they had signed themselves, but only for acts the power covers. That is why the attorney signs their own name and adds words showing the capacity: the page has to show that the donor acted through the attorney. In England and Wales, section 7 of the Powers of Attorney Act 1971 lets an attorney execute an instrument with their own signature and do any other thing in the name of the donor. Australian states have their own Acts, and US states have theirs.
Before you sign
Most problems arise before the signature. Check the power is current: it ends on revocation, on the donor's death, and for a general non enduring power on the donor's loss of capacity, while an enduring power is designed to continue. Check the scope: an attorney appointed for a bank account cannot sell a car under the same power unless it says so. Check conditions, such as two attorneys who must act jointly. For dealings with land, most Australian states require the power to be registered with the land titles office before it is relied on. This page is general information; the instrument and the state law decide.
How the wording is written
Common forms are the donor's name, then by his or her attorney, then the attorney's signature and printed name, or signed by the attorney as attorney for the donor. Some organisations prefer the attorney's capacity in a separate line under the signature. What matters is that a reader can tell from the page that the attorney signed, for whom and in what capacity. Where a witness is required, as for a deed in many places, the witness watches the attorney sign and the attestation names the attorney.
Common mistakes
Signing the donor's name, which is never correct and can look like forgery. Signing in your own name with no reference to the donor, which can make you personally bound. Using a power that has ended. Using a financial power for a medical or personal decision it does not cover. And forgetting that some documents, such as a will or a statutory declaration, must be made by the person themselves and cannot be signed by an attorney at all.
Signing for someone in the product
In the e-sign module, the attorney would be the recipient: they open their own link, sign, and the signature block can show Name, Title and Company lines that the signer fills in, with the Date line stamped from the moment of signing. A document can carry a block whose role heading reads, for example, Attorney for Ruth Ellery. Whether an electronic signature by an attorney suits a particular document is a legal question; deeds and land documents in particular have their own rules.
Questions people ask
Can an attorney sign a document electronically?
Often, when the document itself may be signed electronically and the power of attorney does not exclude it. Electronic transactions laws accept electronic signatures for most contracts, but deeds, land dealings and documents needing a witness have special rules that differ between states. Check the document type first, then the power.
Do I need to show the power of attorney every time I sign?
Not every time, but the other party can ask for evidence of your authority, and banks and land registries usually want a certified copy or a registered power before acting. Keep certified copies on hand. A party who relies on your signature without seeing the power takes a risk they may not accept.
Is an enduring power of attorney signed differently?
The wording at the signature is the same. The difference is when the power operates: an enduring power continues if the donor loses capacity, and some only begin then. Before signing, confirm the power has started and has not ended, because an enduring power still ends when the donor dies.
Can two attorneys sign separately?
Only if the power says they may act severally, meaning either can act alone. If it says jointly, both must sign. A power that appoints two attorneys without saying is read under the state's Act, so check the wording and, where unclear, have both sign.
What if the other side refuses to accept my signature as attorney?
Ask what evidence they need, often a certified copy of the power and identity documents for you. If they still refuse, they may simply need the donor's own signature for that transaction, or the power may not cover it. A solicitor can confirm whether the power is sufficient for the document.
Make one with e-signatures
The button opens the generator with this use case already described. Change the wording to match your own.
Send a document for signingRelated questions
- What is a signatory?What is a signatory: the person who signs a document and is bound by it, how an authorised signatory differs, and how companies, witnesses and recipients fit.
- What does pp mean in a signature?What does pp mean in a signature: per procurationem, signing a letter on behalf of someone else, where the pp goes, and when a document needs more than a pp.
- What is an attestation clause?What is an attestation clause: the words a witness signs to confirm they saw a document signed, when wills and deeds need one, and the testimonium.
- Do electronic signatures need a witness?Most contracts need no witness. Deeds, some land documents and statutory declarations do, and the rules on remote witnessing differ by jurisdiction.
Step by step in the builder: Send a PDF for e-signature.
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