To sign a check as power of attorney, write the principal’s name, then the word “by,” then your own name followed by your title as agent (such as “Attorney-in-Fact”). The point is to make it obvious on the face of the check that you are signing for someone else, using their money, not paying out of your own pocket. Get the format right and you protect yourself from personal liability and keep the bank from bouncing the check back at the teller window.
The Format That Works
The most widely accepted signature puts the principal’s name first, since it is their account and their money:
John Smith, by Jane Doe, Attorney-in-Fact
Some agents reverse the order and lead with their own name instead:
Jane Doe, Attorney-in-Fact for John Smith
Both formats work. Each one identifies the principal whose account the check draws from and makes clear that you are signing in a representative capacity rather than personally. The first version is more common and generally preferred by banks, because the account holder’s name appears first and matches the name printed on the check.
Before you write your first check, ask the bank which format it prefers. Some institutions have a specific policy, and learning it up front saves you from rejected checks later. Whichever format you choose, use it every time. Inconsistent signatures invite scrutiny.
Why the Wording Matters for Your Personal Liability
This is not just formality. Under the Uniform Commercial Code, which governs checks in every state, the way you sign directly determines whether you can be held personally liable for the payment. If your signature clearly shows you are acting on behalf of the principal, and the principal is identified on the instrument, you have no personal liability on that check.1Legal Information Institute. Uniform Commercial Code 3-401 – Signature That is what the “Attorney-in-Fact for John Smith” language accomplishes.
If your signature does not unambiguously show your representative capacity, the picture gets murkier. Someone who later receives the check in good faith could hold you personally responsible for the amount, even though you never intended to pay out of your own funds. You would then have to prove the original parties did not intend for you to be personally liable. That is a burden you do not want.
There is one narrow safety net. If you sign only your own name as the drawer, but the check is drawn on the principal’s account and the principal’s name is printed on the check, you are generally not personally liable, because the check itself provides enough context. Relying on that fallback is sloppy practice. Always include your representative title on the signature line so there is never a question.
Endorsing Checks Payable to the Principal
When you receive a check made out to the principal, deposit it directly into the principal’s account. That creates a clean paper trail showing the money went where it belongs. Endorse the back of the check using the same representative format you use on the front of one: the principal’s name, then “by” your name as attorney-in-fact.
Cashing a check instead of depositing it raises immediate red flags. Banks are trained to watch for potential financial exploitation of vulnerable adults, and an agent leaving with cash rather than a deposit slip looks suspicious for good reason. If you genuinely need cash for the principal’s expenses, keep the amount reasonable, document what the cash was used for, and consider whether a direct payment from the account would do the same job with a cleaner record.
Get the Bank to Accept Your Authority First
Before you sign anything, bring the original power of attorney (or a certified copy) to the principal’s bank, along with your own government-issued photo ID. The bank will review the document, confirm that it grants you financial authority, and place a copy on file. Once you are in their system, routine check-writing should go through without you having to produce the POA every visit.2American Bar Association. Power of Attorney
That first visit matters more than most agents realize. The POA itself must specifically grant you financial powers. A POA covering only healthcare decisions, for example, gives you zero authority over bank accounts. Look for language in the document authorizing you to handle banking transactions, manage accounts, or conduct financial business. If the document is vague or limited to non-financial matters, the bank will correctly turn you away.
Some banks go further and insist the POA be executed on their own proprietary form, even when the document you have is legally sound. If that happens, ask for a written explanation, then escalate to the branch manager or the bank’s legal department. Many states have laws that penalize financial institutions for unreasonably refusing a valid POA, including making the bank pay attorney’s fees and any damages caused by the delay.3Consumer Financial Protection Bureau. My Family Member Signed a Power of Attorney (POA) but When I Took It to the Bank/Credit Union, I Was Told the POA Has to Be on the Bank/Credit Unions Form. What Can I Do?
When Your Authority to Sign Ends
A power of attorney does not last forever. It terminates when the principal dies, when the principal revokes it, when a court invalidates it, or when a non-durable POA lapses because the principal has lost capacity. Once the POA ends, you have zero authority to sign checks or conduct any financial transactions on the principal’s behalf. Signing after your authority has ended exposes you to personal liability and potential fraud claims.
If the principal revokes the POA, they need to tell the bank directly. Until the bank receives actual notice of the revocation, it may keep treating you as authorized. The principal should visit the branch in person, instruct the bank to remove your signature authority, and get written confirmation that the change is in place.
After the principal’s death, financial authority passes to the executor or personal representative named in the will or appointed by a probate court. A POA does not survive death, whether or not it was durable. If the principal passes away while you are serving as agent, stop all account activity immediately and contact the estate’s attorney.