How does an attorney-in-fact sign a deed for a principal in New York: with the principal's name and his own, or just his own name with the 'attorney-in-fact' label?

Plain-English summary

The Town of Champlain's Town Attorney asked a narrow recording-office question. When an attorney-in-fact signs a deed for a principal, must the attorney-in-fact write out the principal's name and then his own name (with the designation "attorney-in-fact"), or can he just write his own name followed by "attorney-in-fact" with the principal's name printed elsewhere on the deed?

The AG found no statutory rule favoring one form over the other. New York's power-of-attorney framework sits in General Obligations Law § 5-1501 et seq., which prescribes the forms for creating a power of attorney and lets the agent's authority include real estate transactions. § 5-1502A spells out what the statutory short form power-of-attorney's real-estate authority means: the agent can sell, exchange, or convey any estate or interest in land and execute, acknowledge, seal, and deliver any deed on behalf of the principal. None of that prescribes a specific signature format on the deed itself.

Real Property Law Article 9 governs recording. Section 291 lets a conveyance be recorded once acknowledged or proved. Section 294(1) lets, but does not require, the recording of a power of attorney authorizing the agent to convey real property. Neither section dictates how the agent signs.

The AG concluded that both forms work as long as the deed clearly shows it is being executed by an attorney-in-fact on behalf of a principal. Both forms the Town Attorney asked about meet that standard. Neither risks confusion about the principal's identity or the agent's authority, and neither should bar recording. The AG cited 2A NY Jur 2d, Agency §§ 198-99, for the general agency-signature treatment.

The practical takeaway for county clerks and recording offices is that they should not refuse to record a deed solely because the attorney-in-fact used one signature style rather than another, as long as the agency relationship is clearly disclosed on the document.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What does "attorney-in-fact" mean?

An attorney-in-fact is a person designated by a written power of attorney to act on behalf of the principal. The label distinguishes them from "attorney at law" (a licensed lawyer). An attorney-in-fact does not have to be a lawyer; they can be any competent adult the principal designates.

What signature formats does the AG say are acceptable?

The opinion's two acceptable formats. First: the agent signs the principal's name and then his own name with the designation "attorney-in-fact." Second: the agent signs only his own name followed by "attorney-in-fact," with the principal's name printed elsewhere on the deed. The AG observed that other formats that clearly disclose the agency relationship should also work.

Should the power of attorney itself be recorded?

It can be, under Real Property Law § 294(1), in the county where the property is located. Recording is permissive, not mandatory, but it is common practice. Title insurance underwriters often require it to confirm the chain of authority for the deed.

What if the deed does not clearly disclose the attorney-in-fact relationship?

Then the deed might be misrecorded or open to challenge. The AG's reasoning depends on clarity. A signature that does not disclose the agency relationship at all (the agent signing only as if he were the principal, with no notation) could create ambiguity and might be rejected by the recording office or attacked later.

Does this opinion apply to deeds outside New York?

No. The opinion construes New York's General Obligations Law and Real Property Law. Other states have different power-of-attorney and recording statutes. A New York attorney-in-fact executing a deed for property in another state should look to that state's law.

Background and statutory framework

New York's power-of-attorney regime sits in General Obligations Law Title 15 (§ 5-1501 et seq.). The statutory short form was created to standardize the language of common powers of attorney. § 5-1501 lays out the form and the scope; § 5-1502A through § 5-1502O define what each enumerated category of authority means. The real-estate-transactions category gives the agent broad power to manage and dispose of the principal's real property.

The 1998 version of the statute did not address signature mechanics on documents executed under a power of attorney. The Legislature left that to general agency-signature law, which is principal-protective only to the extent the signature clearly discloses the agency relationship.

Real Property Law Article 9 governs recording. Its core requirement is acknowledgement or proof; format compliance turns on the acknowledgement form rather than on signature style.

Citations

• General Obligations Law § 5-1501; § 5-1501(1), (1-a) (creation of power of attorney; scope including real estate transactions).
• General Obligations Law § 5-1502A; § 5-1502A(3), (9) (real-estate-transactions authority including sale, exchange, conveyance, and deed execution).
• Real Property Law § 291 (recording of conveyances).
• Real Property Law § 294; § 294(1) (permissive recording of power of attorney).
• 2A NY Jur 2d, Agency §§ 198-99 (treatise treatment of agent-signature forms).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_98-48_pw.pdf

Original opinion text

GENERAL OBLIGATIONS LAW §§ 5-1501, 5-1202A; REAL PROPERTY LAW,
ART 9, §§ 291, 294.
Neither the provisions of the General Obligations Law
governing a power of attorney nor the provisions of the Real
Property Law governing recording of deeds makes the authority of
the attorney-in-fact dependent upon the use of a particular form
of signature upon a deed.
November 2, 1998

Henry Van Acker, Jr., Esq.
Town Attorney
Town of Champlain
One Lincoln Boulevard
Rouse's Point, NY 12979-1042

Informal Opinion
No. 98-48

Dear Mr. Van Acker:
You have asked whether there is a particular form of
execution that must be used when an attorney-in-fact executes a
deed. Specifically, you ask whether the attorney-in-fact must
sign the principal's name as well as his or her own followed by
the designation "attorney-in-fact", or whether the principal's
name may be printed, with the attorney-in-fact signing only his
or her own name, followed by the designation "attorney-in-fact."
We are aware of no statutory requirement that any particular
form of execution be used when an attorney-in-fact executes a
deed for a principal. The General Obligations Law establishes
the forms to be used in the creation of a power of attorney and
provides that the agent's authority to act may include real
estate transactions if the principal so specifies. General
Obligations Law § 5-1501(1),(1-a). The statute further provides
that the language in the statutory short form power of attorney
conferring general authority with respect to real estate
transactions authorizes the agent to sell, exchange or convey any
estate or interest in land and to execute, acknowledge, seal and
deliver any deed on behalf of the principal. General Obligations
Law § 5-1502A(3), (9). The statute does not specify a particular
form of execution that the attorney-in-fact must use when
exercising those powers to render a deed valid or recordable.
Real Property Law, Article 9, governs the recording of
instruments affecting real property. Section 291 states that "a
conveyance of real property, within the state, on being duly
acknowledged by the person executing the same, or proved as

2
required by this chapter . . . may be recorded in the office of
the clerk of the county . . .." This statute also makes no
reference to a particular form of execution that must be used by
an attorney-in-fact. 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 real property is located.
In our view, either of the forms of execution you inquired
about may be employed. The governing law does not make the
authority of the attorney-in-fact dependent upon the use of a
particular form of signature upon a deed. Both forms you present
clearly state that the document is being executed by an
attorney-in-fact on behalf of a principal. Neither is likely to
cause confusion about the identity or authority of the principal
or the individual executing the deed, and neither should create a
bar to recording the document. See, 2A NY Jur 2d, Agency,
§§ 198-99.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,

SIOBHAN S. CRARY
Assistant Attorney General