What is a power of attorney agent certification?

A power of attorney agent certification is a document signed by an agent (also called an attorney-in-fact) to formally affirm their authority and responsibilities under a power of attorney agreement. It typically includes statements about the validity of the power of attorney, the agent's understanding of their duties, and their commitment to act in the principal's best interests.

When is an agent certification required?

Some states, many financial institutions, and other entities require an agent certification before allowing an agent to act on behalf of the principal. It is often requested by those entities when the agent first attempts to use the power of attorney or when significant transactions are being made.

Does the agent certification need to be notarized?

In many cases, yes, but this varies by state. The certification often needs to be signed in front of a notary public to add an extra layer of authenticity and legal weight to the document. It is good practice to have formal legal documents notarized regardless of any statutory requirements.

Can an agent certification extend the powers granted in the original power of attorney?

No, an agent certification cannot extend or modify the powers granted in the original power of attorney. It simply confirms and clarifies the authority already given. The agent's powers are limited to what is specified in the original power of attorney document.

POA Agent Certification

A power of attorney agent certification is a legal document in which an agent nominated by a principal's power of attorney acknowledges their duties and responsibilities to act in good faith as the principal's agent (also called an attorney-in-fact).

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Step-by-step guidance to help you create a formal power of attorney agent certification

Throughout the form, we explain all the terms and requirements needed to create an effective and proper power of attorney agent certification.

Acknowledge the original power of attorney document

Reference the principal's document appointing the agent as attorney-in-fact.

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Accept the responsibilities and duties of an attorney-in-fact

Certify your acceptance of the duties and responsibilities associated with the power of attorney in good faith.

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Why use LegalNature's power of attorney agent certification?

Clearly communicate the intention to act with authority as an agent
Provide notice to relevant third parties of the agent's authority to act in the principal's best interests
Easy-to-use form for a streamlined and simple drafting process compliant with your specific state requirements

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Designate the Principal and Agent

Provide the name and location of the agent and the name of the principal who executed the power of attorney. The state and date of creation of the power of attorney must also be provided so that the original document is clearly referenced and any confusion is avoided.

Certify Acceptance of Power of Attorney Duties Under Penalties of Perjury

Clearly and unambiguously accept the duties and responsibilities to act with power of attorney for the principal. Making this certification under penalties of perjury shows the agent's intention to act on the principal's behalf in good faith when necessary.

Include Any Additional Certifications as Required by Your Particular State

LegalNature's intuitive form will automatically include any additional provisions required by your state for a legally sufficient and effective agent certification. This also includes an "optional acknowledgments" section for you to include additional provisions as you see fit.

Review and Sign

Thoroughly review the document for accuracy and completeness. Finalize the certification with the agent's signature. It is good practice, as with any formal document, to have the signature notarized, and to deliver the certification to the appropriate parties through certified mail, but this is not required by all states.

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A power of attorney agent certification is a formal document wherein an agent appointed by a power of attorney accepts and recognizes the duties and responsibilities to act on behalf of the principal in good faith. Not all states require an agent's certification in order for the appointment to be valid; however, an agent certification provides security for both the principal and the agent, in addition to supplemental notice to third parties of the agent's authority to make decisions affecting the principal's interests.