Reviewing a Power of Attorney Signature in an Estate Contract

**Published August 31, 2026**

A contract signed by an attorney-in-fact deserves a separate authority check. The goal is not to decide whether a power of attorney is legally effective. It is to assemble the documents, compare the names and powers, and give the supervising professional a precise exception list before a deadline or closing is missed.

Start with the complete authority record

Obtain the power of attorney and every amendment, certification, acceptance, or revocation supplied with it. Record the principal, agent, execution date, page count, source, and whether the copy appears complete. If the contract file contains only a signature page or a reference to an authority document, report the missing instrument instead of assuming general authority.

Compare identity and capacity

Match the principal and agent names across the authority document, contract, title material, identification record, and correspondence. Preserve middle names, suffixes, entity names, and spelling differences. Then capture the capacity exactly as shown in the contract signature block. “Jane Doe, attorney-in-fact for John Doe” communicates something different from a signature containing only Jane Doe’s name.

Build a power-to-action matrix

List the contract actions that require support: listing property, agreeing to a sale, changing price, accepting credits, signing closing documents, or receiving notices. Beside each action, cite the power-of-attorney section that may address it. Do not translate broad or ambiguous language into a legal conclusion. Quote only the short operative phrase and route interpretation to counsel.

Check dates and status evidence

Compare the authority document’s date with the contract and amendments. Note any stated effective date, expiration condition, springing condition, or certification date. Search the supplied file for a revocation, replacement, guardianship order, or death notice that could require professional review. Absence from the supplied file is not proof that no such record exists.

Review the signature set

Check every place the principal or agent was expected to sign or initial. Record notarization, witness, acknowledgment, and recording information without deciding whether those formalities were legally required. If one amendment uses a different capacity or omits the principal’s name, identify the exact page and variance.

Prepare a neutral exception report

The report should include document inventory, identity comparison, power-to-action citations, signature findings, and unresolved questions. Useful exceptions include an incomplete authority document, unclear property power, name mismatch, inconsistent signature capacity, missing certification, or later document suggesting changed status.

This review is document support, not a ruling on agency law, capacity, validity, or enforceability. A qualified professional should decide whether the authority is sufficient for the transaction and jurisdiction.