Signing the power of attorney itself? See how a New York power of attorney is signed. This guide is general information, not legal advice.
How do you sign as power of attorney? The 2 formats in New York's form
The form combines 3 things: the principal's name, your own signature and the word "Agent". Item 5 of the section headed "IMPORTANT INFORMATION FOR THE AGENT" in GOL 5-1513 tells the agent to:
"disclose your identity as an agent whenever you act for the principal by writing or printing the principal's name and signing your own name as 'agent' in either of the following manners: (Principal's Name) by (Your Signature) as Agent, or (your signature) as Agent for (Principal's Name)"
Format 1: "(Principal's Name) by (Your Signature) as Agent"
The principal's name, written or printed, then "by", your own signature and "as Agent": Maria Lopez by David Lopez as Agent. Italics mark the agent's handwritten signature.
Format 2: "(your signature) as Agent for (Principal's Name)"
Your signature comes first, then "as Agent for" and the principal's name: David Lopez as Agent for Maria Lopez. It reads naturally at the end of a letter or email.
How to sign as attorney in fact or POA: which word goes after your name?
The form uses "Agent". GOL 5-1501 defines the agent as a person granted authority to act as attorney in fact for the principal under a power of attorney, so the terms name the same role. Here, attorney does not mean a lawyer. "POA" is not the form's wording, and any recipient may require its own.
How to sign as power of attorney on checks, deeds, bank and tax forms
The table applies the form's wording to common documents and shows who may set a different format.
| Document | Example signature line | Who may set the format |
|---|---|---|
| Check from the principal's account | Maria Lopez by David Lopez as Agent | The bank |
| Check made out to the principal (endorsement) | Maria Lopez by David Lopez as Agent | The bank. Not for Social Security or SSI checks |
| Bank or brokerage form | The institution's own field, such as "Authorized Agent Signature" | The institution |
| Deed, agent writes both names | Maria Lopez, by David Lopez, attorney in fact | The closing attorney or title company |
| Deed, principal's name typed | MARIA LOPEZ By: David Lopez, attorney in fact | The closing attorney or title company |
| Federal tax return | No wording confirmed here | IRS rules (Form 2848 instructions) |
| Contract or lease | Maria Lopez by David Lopez as Agent | The other party |
| Letter or email | David Lopez as Agent for Maria Lopez | The recipient |
How to sign a check as power of attorney
The federal Consumer Financial Protection Bureau's guide for agents, in its Florida edition, says: "Sign all checks and other documents relating to Martina's money or property to show that you are Martina's agent." It also warns, using its fictional principal: "Never just sign 'Martina Roe.'" Social Security and SSI checks differ: the Social Security Administration says "The Treasury Department does not recognize power of attorney for negotiating federal payments," and "you must still apply to serve as his or her payee."
Deeds and other real estate documents
A 1998 informal opinion of the New York Attorney General's office looked at an attorney in fact signing both names, or printing the principal's name and signing only their own followed by the words attorney in fact. It said "either of the forms of execution you inquired about may be employed." For a particular deed, the closing attorney or title company sets the format.
When does a document you sign as agent need a notary?
When the document or the recipient calls for one: an affidavit, the acknowledgment on a deed, or a bank form with a notary section, for example. See which documents need a notary in New York.
What does the notary check when an agent signs?
Your identity. Under RPL 303, "An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument." When an agent signs, that person is the agent, whose identification the notary checks. The notary does not decide whether the power of attorney covers the transaction; the Department of State says a notary "May not give advice on the law." For an acknowledgment, the signature does not have to be made in front of the notary: "It is not essential that the person who executed the instrument sign his name in the presence of the notary."
How the notary certificate shows you signed for someone else
For New York real property documents acknowledged in New York, the uniform certificate in RPL 309-a covers a representative: the signer "executed the same in his/her/their capacity(ies)", and "the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument." Its definition of a person includes an "attorney in fact".
A notary who comes to you or the principal Our notary visits homes, hospitals and nursing homes in all five boroughs, 7am to midnight, every day, for the power of attorney signing and for documents you sign as agent. Flat borough prices are shown before you book: see what a mobile notary costs in NYC. Our notary can't advise on your power of attorney.
Book a notaryCall (917) 203 9894Will a bank accept your power of attorney? New York's 2021 rules
For a statutory short form, the law limits refusals and sets deadlines, though it does not guarantee acceptance. GOL 5-1504 says "No third party located or doing business in this state shall refuse, without reasonable cause, to" honor one that was properly executed. The section does not require acceptance of other forms.
The 10 business day rule
- Presentation. The period starts with "presentation of an original or attorney certified copy".
- By the 10th business day, the third party must "honor the statutory short form power of attorney", reject it "in a writing that sets forth the reasons for such rejection", or "request the agent to execute an acknowledged affidavit".
- Follow up. Further 7 business day deadlines run from receipt of a written response to a rejection, or of the affidavit.
Certification or acknowledged affidavit: which one involves a notary?
| Request | The statute's words | Notary? |
|---|---|---|
| Agent's certification | "an agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney" | Not described as acknowledged in GOL 5-1504, but a bank's own certification form may have a notary section |
| Acknowledged affidavit | "request the agent to execute an acknowledged affidavit" | Yes: acknowledged means "purportedly verified before a notary public or other individual authorized to take acknowledgements." |
| Opinion of counsel | "an opinion of counsel as to any matter of law concerning the power of attorney" | From a lawyer, at the principal's expense unless requested more than 10 business days after presentation |
Reasonable cause, and a reason a bank cannot use
Reasonable cause includes "actual knowledge of the principal's death". But refusing because "the power of attorney is not on a form prescribed by the third party to whom the power of attorney is presented" is "deemed unreasonable". A court "may award damages, including reasonable attorney's fees and costs" (GOL 5-1504 and 5-1510); an attorney can say whether that applies to you.
Signing a deed as attorney in fact: recording the power of attorney in NYC
Under RPL 294(1), a power of attorney to convey real property "may be recorded in the office of the recording officer of any county" where the property is. The Attorney General's 1998 informal opinion says that "Real Property Law § 294(1) permits, but does not require, the recording of a power of attorney" that authorizes the agent to convey real property in the county where the property is located. Whether your closing needs it recorded is a question for the title company or closing attorney.
In the Bronx, Brooklyn, Manhattan and Queens, documents are recorded with the City Register, whose ACRIS system accepts powers of attorney for recording. On Staten Island, they go to the Richmond County Clerk.
If a recorded power of attorney is revoked, GOL 5-1511 says "the principal shall also record the revocation in the office in which the power of attorney is recorded". The city's free Notice of Recorded Document alerts cover recorded powers of attorney and revocations, for each property you register.
When can't an agent sign? Limits in New York law
These limits come from New York statutes; the attorney who drafted your document can say how they apply.
- After the principal dies. GOL 5-1511 says "A power of attorney terminates when:" and lists "the principal dies". It also ends on revocation and other listed events, such as incapacity "if the power of attorney is not durable"; the statutory form is durable unless it says otherwise. If you are handling a death, see our guide to NYC death certificates.
- When your own authority ends. That happens, among other events in GOL 5-1511, if "the agent dies, becomes incapacitated or resigns", or, unless the document expressly provides otherwise, if "the agent's marriage to the principal is terminated by divorce or annulment".
- Health care. The form says "Your agent cannot make health care decisions for you." and "You may execute a 'Health Care Proxy' to do this."
- Gifts and benefits to yourself. The form says "You may not use the principal's assets to benefit yourself or anyone else or make gifts to yourself or anyone else" unless that authority was granted. Continuing customary gifts is limited to $5,000 in total per calendar year (GOL 5-1502I); more, or gifts to the agent, need express authorization in the form's Modifications section.
How do you sign a power of attorney in New York?
For the document itself, GOL 5-1501B sets these requirements for statutory short forms and other forms alike.
- The principal signs, initials and dates. Or another person signs "in the name of such principal", "in the principal's presence and at the principal's direction", but not the agent or successor agent.
- A notary acknowledges the principal's signature.
- The witnesses sign: "two persons who are not named in the instrument as agents or as permissible recipients of gifts". The notary "may also serve as one of the witnesses."
- Each agent signs and dates, at the same visit or later. The statutory form, in GOL 5-1513, says: "It is not required that the principal and the agent(s) sign at the same time".
- A notary acknowledges each agent's signature.
- The agent can act. "The date on which an agent's signature is acknowledged is the effective date of the power of attorney as to that agent", unless the document names a later date or contingency.
| Who | What they do | Notes |
|---|---|---|
| Principal | Signs, initials and dates; acknowledged by a notary | Or another person, in their presence and at their direction; not an agent or successor agent |
| 2 witnesses | Sign as witnesses | Not named as agents or permissible recipients of gifts |
| Notary | Takes the acknowledgments | May be one of the witnesses |
| Each agent | Signs and dates; acknowledged by a notary | Can sign later; acts from the acknowledgment date or a later date the document sets |
| Successor agent | Signs section (q) of the form | Has its own signature and acknowledgment section |
The form must be in letters "no less than twelve point in size" (GOL 5-1501B). For the visit, see our power of attorney notary service in NYC or notary visits to hospitals and nursing homes. Using it abroad? See apostille services in NYC.
Questions about signing as power of attorney
How do I sign as power of attorney in New York?
New York's statutory short form, in GOL 5-1513, gives the agent 2 formats: "(Principal's Name) by (Your Signature) as Agent" or "(your signature) as Agent for (Principal's Name)". With fictional names: Maria Lopez by David Lopez as Agent. A bank, title company or other recipient may require its own format.
When signing as POA, do I write "Agent," "attorney in fact" or "POA"?
New York's statutory form uses "Agent". GOL 5-1501 defines the agent as a person given authority to act as attorney in fact for the principal, so the terms name the same role. Here, attorney does not mean a lawyer. "POA" is not the form's wording, and a recipient may require its own.
Can I just sign the principal's name?
New York's statutory form describes the opposite: it tells the agent to "disclose your identity as an agent whenever you act for the principal". The federal Consumer Financial Protection Bureau's guide for agents says "Never just sign" the principal's name. Signing only your own name does not show you are signing for someone else.
Do I need a notary every time I sign as agent?
Not for every document. A notary is needed when the document has a notary section, such as an affidavit or a deed's acknowledgment, or when the bank or office receiving it asks for one. Separately, New York's form says the agent can act only after signing the power of attorney before a notary public.
Can I sign as agent after the principal dies?
The power of attorney ends at death: GOL 5-1511 says "A power of attorney terminates when:" and lists "the principal dies". It also ends on revocation and other listed events. Questions about the principal's property after a death are for whoever is handling the estate, or for an attorney.
How long does a bank have to accept a New York power of attorney?
For a statutory short form, GOL 5-1504 gives a bank or other third party until "the tenth business day after presentation of an original or attorney certified copy" to honor it, reject it in writing with reasons, or ask the agent for an acknowledged affidavit. Further 7 business day deadlines follow.
Who needs to sign a power of attorney in New York?
Under GOL 5-1501B, the principal signs, initials and dates, or another person signs in the principal's name, in their presence and at their direction, but not an agent or successor agent. A notary acknowledges that signature and 2 witnesses sign; the notary may be one of them. Each agent also signs, and that signature is acknowledged too.
Can I sign the principal's tax return or Social Security checks?
Federal rules apply. IRS instructions for Form 2848 let an agent sign an income tax return only for disease or injury, continuous absence from the United States for at least 60 days before the due date, or IRS permission for other good cause. For Social Security or SSI, SSA says the Treasury does not recognize a power of attorney for negotiating these payments; a person must apply to serve as payee.
Need a notary for a power of attorney in NYC? Our notary comes to the principal or agent at home, in the hospital or a nursing home, anywhere in the five boroughs, 7am to midnight every day, for the power of attorney signing or a document you sign as agent. The principal and agent can sign at separate visits. Find our mobile notary in Manhattan, Brooklyn, Queens, the Bronx and Staten Island.
Book a notaryCall (917) 203 9894This page is general information about New York law, not legal advice. Sealed NYC Mobile Notary is not a law firm, and our notary can't give legal advice or say whether your power of attorney covers a transaction. Those questions are for the attorney who prepared it, or for the bank, title company or agency asking for the signature.
Official sources
Last checked November 5, 2026.
- GOL 5-1513 (NYS Senate): the statutory form, its 2 signature formats, health care and gift limits
- GOL 5-1501B: signing a power of attorney; effective date
- GOL 5-1501: definition of agent
- GOL 5-1504: bank acceptance, deadlines, affidavits
- GOL 5-1511: termination and revocation
- GOL 5-1502I: the $5,000 gift limit
- RPL 294: recording
- RPL 303: the signer's identity
- RPL 309-a: the uniform acknowledgment certificate
- NY Department of State, Notary Public License Law: notaries and legal advice
- NY Attorney General, 1998 informal opinion (Town of Champlain): deed signatures and recording
- NYC Finance, recording property documents: City Register and Staten Island
- NYC Finance, ACRIS FAQ: powers of attorney as recordable documents
- NYC Finance, Notice of Recorded Document FAQ: free alerts
- CFPB, Managing someone else's money (Florida edition): signing checks as agent
- Social Security Administration, payee FAQ: benefit checks
- IRS, Instructions for Form 2848: agents signing returns