Who can sign this affidavit?

The attorney in fact authorized by a valid power of attorney signs the affidavit, identifying the principal and the scope of authority. The signature should be made in the notary's presence unless a permitted Remote Online Notarization (RON) is used.

Is notarization always required?

Most recipients require notarization for affidavits to establish the oath and identity of the signer. If a county recorder or title company will accept the affidavit, confirm their specific notarization or witness rules first.

Can the affidavit be signed electronically?

Electronic signing is generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; use an eSignature platform that preserves the audit trail and supports notarization or RON when required.

What if the principal revokes the POA?

If the power of attorney is revoked before the affidavit is signed, the agent lacks authority. Recipients should verify the instrument's current status; an affidavit signed after revocation may be invalid.

How should I prove identity for remote notarization?

RON providers typically require multi-factor identity proofing such as credential analysis, knowledge-based authentication, and an audio-video session retained per state RON rules.

What supporting documents attach?

Attach the power of attorney (or certified copy) and any documents referenced in the affidavit; include proof of principal incapacity or death if relevant to the agent's authority.

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Affidavit by Attorney in Fact

Affidavit by Attorney in Fact

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Affidavit by Attorney-in-Fact

AFFIDAVIT BY ATTORNEY-IN-FACT

of nontermination or nonrevocation

Minn. Stat. 523.17, subd. 1

(Top 3 inches reserved for recording data)

Minnesota Uniform Conveyancing Blanks

Form 100.2.1 (2011)

State of Minnesota, County of

being first duly sworn,

on oath says:

1. Affiant is the Attorney-in-Fact (or agent) named in that certain Power of Attorney dated

for record on (month/day/year) as Document Number (or in Book of

Page ), in the Office of the County Recorder Registrar of Titles of County, Minnesota,

(check the applicable boxes)

executed by as Grantor and Principal,

relating to real property in County, Minnesota, legally described as follows:

Check here if all or part of the described real property is Registered (Torrens)

2. Affiant does not have actual knowledge and has not received actual notice of the revocation or termination of the Power of Attorney by

Grantor's death, incapacity, incompetence or otherwise, or notice of any facts indicating the same.

3. Affiant has examined the legal description(s), if any, attached to the Power of Attorney and certifies that the description(s) has(have)

not been changed, replaced, or amended subsequent to the signing of the Power of Attorney by the Principal.

Note: Remainder of page left blank, signature page follows.

Affiant

Signed and sworn to before me on

by

(Stamp)

Title (and Rank):

My commission expires:

THIS INSTRUMENT WAS DRAFTED BY:

(v2)

Page 1 of 2

Page 2 of 2 (v2)

What an Affidavit by Attorney in Fact Is

An Affidavit by Attorney in Fact is a sworn written statement signed by an agent acting under a power of attorney that confirms actions taken or facts observed while acting for the principal. It documents the agent's authority, the scope of transactions, and relevant facts that support a legal or administrative action. The document is typically notarized and may be used for financial institutions, real estate recordings, government filings, or court matters where proof of agency and factual assertions are required.

Why this affidavit matters

The affidavit provides a compact, notarized record that links an attorney in fact to specific acts or representations, helping recipients rely on the agent's authority without seeking the principal directly. It reduces administrative friction when third parties need documented proof of agency and of facts supporting transactions.

Who typically prepares or receives this affidavit

Professionals who prepare or accept these affidavits include attorneys, title agents, bank compliance officers, and corporate administrators needing proof of agency or transaction history.

Estate administrators verifying actions taken under a power of attorney
Banks and financial institutions confirming account authorizations or transfers
Title companies and real estate closing agents recording property transactions

The affidavit speeds verification for third parties that must rely on an agent's authority and factual statements while preserving the principal's legal protections.

Step-by-step: completing the affidavit

Follow a consistent sequence to reduce errors and ensure the affidavit is accepted by third parties.

01

Prepare POA: Confirm an unrevoked power of attorney exists.
02

Draft affidavit: State facts, authority, and dates clearly.
03

Sign before notary: Agent signs in notary presence; provide ID.
04

Distribute copies: Send notarized original to requesting party.

Digital workflow configuration examples

Configure a clear e-sign and verification workflow tailored to the affidavit's use.

Field	Configuration
Signer Role	Attorney in Fact
Authentication	Email + SMS code or stronger KBA
Notary Mode	In-person or RON session retained
Retention	Store signed PDF + audit trail

Technical and platform considerations

Ensure the chosen platform can export tamper-evident PDFs, preserve metadata, and retain records according to compliance requirements.

File formats: PDF, DOCX supported
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: SMS, KBA, SSO options

How electronic affidavit submission typically works

A standard eSubmission workflow includes preparing the document, authenticating signers, notarizing as required, and distributing completed records.

Prepare Document: Upload affidavit and attach POA proof.
Assign Signer: Designate attorney in fact role.
Authenticate: Use email, SMS, or KBA per risk level.
Notarize & Archive: Complete notary step and store with audit trail.

Common timing and filing considerations

Timing depends on the transaction type; notarization and filing often must occur before third-party acceptance or recording.

Sign and Notarize:

Complete notarization at signing for evidentiary value.

Provide to Recipient:

Send notarized affidavit to the bank, title company, or agency promptly.

Record if Required:

File with county recorder for deed-related matters.

Court Filings:

File per local court deadlines when supporting litigation.

Retention Start:

Retention period begins on signing or filing date.

Key milestones from drafting to retention

Track milestones sequentially so the affidavit supports downstream approvals and records retention policies.

01

Drafting

Create a clear statement of facts and scope of authority.

02

Signing & Notarization

Sign in notary presence and complete required acknowledgements.

03

Submission

Deliver notarized affidavit to the requesting third party.

04

Long-term Retention

Store originals and audit logs for the required retention period.

Common preparation pitfalls to avoid

Using abbreviated names or nicknames that do not match the power of attorney document and government ID
Stating overbroad authority without matching language from the underlying power of attorney instrument
Failing to notarize in the signer’s presence or omitting the notary seal and commission data
Not retaining the original notarized affidavit and only sharing unsigned copies with third parties

Key information every affidavit should include

Full Legal Names: Principal and agent

Scope of Authority: Specific powers listed

Document Dates: Execution and effective dates

Principal ID: Type of ID used

Attorney ID: Agent's ID details

Notary Details: Seal, commission, expiration

Consequences of an incorrect affidavit

Invalidation: Affidavit may be rejected

Perjury Risk: Criminal exposure for false statements

Transaction Delay: Closings or approvals postponed

Civil Liability: Damages claims by third parties

Tax Impacts: Reporting errors or penalties

Compliance Failure: Regulatory consequences possible

How this affidavit differs from related documents

Compare common document types to choose the correct form and level of authority evidence.

Criteria	Affidavit by Attorney in Fact	Durable POA	Notarized Declaration
Purpose	prove acts/facts	grant continuing authority	state facts without agency
Typical Signer	agent under poa	principal or agent	any competent declarant
Notarization Required		often yes	usually yes
Revocable	yes (by principal)	yes (unless irrevocable)

eSignature platform pricing and feature snapshot

Compare starting prices and essential features for signing and managing affidavits electronically; signNow appears first for parity in evaluation.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varied by vendor	Varied by vendor	Varied by vendor	Varied by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions

Answers to the most common practical and legal questions about preparing, signing, and submitting an Affidavit by Attorney in Fact.

Need help? Contact support

Who can sign this affidavit?
The attorney in fact authorized by a valid power of attorney signs the affidavit, identifying the principal and the scope of authority. The signature should be made in the notary's presence unless a permitted Remote Online Notarization (RON) is used.
Is notarization always required?
Most recipients require notarization for affidavits to establish the oath and identity of the signer. If a county recorder or title company will accept the affidavit, confirm their specific notarization or witness rules first.
Can the affidavit be signed electronically?
Electronic signing is generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; use an eSignature platform that preserves the audit trail and supports notarization or RON when required.
What if the principal revokes the POA?
If the power of attorney is revoked before the affidavit is signed, the agent lacks authority. Recipients should verify the instrument's current status; an affidavit signed after revocation may be invalid.
How should I prove identity for remote notarization?
RON providers typically require multi-factor identity proofing such as credential analysis, knowledge-based authentication, and an audio-video session retained per state RON rules.
What supporting documents attach?
Attach the power of attorney (or certified copy) and any documents referenced in the affidavit; include proof of principal incapacity or death if relevant to the agent's authority.

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