Dec302025
Estate Planning Q&A Series

How should the signature line be written when I’m signing my parent’s name at my parent’s direction and in my parent’s presence? – North Carolina

Short Answer

In North Carolina, the safest way to show what happened is to sign the parent’s name and then add wording that makes clear the signature was written by another person at the parent’s direction and in the parent’s presence. A common format is: “(Parent’s Name), by (Your Name), at (Parent’s Name)’s direction and in (Parent’s Name)’s presence.” If the parent cannot clearly communicate direction at the time of signing, the notary may not be able to properly notarize the power of attorney, and a guardianship route may need to be considered.

Understanding the Problem

In North Carolina estate planning, a common question is: can a family member sign a parent’s name on a financial power of attorney when the parent wants it signed but cannot physically sign. The key decision point is whether the parent can give a clear direction to sign and can do so while present for the signing. If the parent cannot clearly communicate direction at the time the document is signed, the signing may not be valid for the purpose intended, and the notary may not be able to complete the notarization.

Apply the Law

North Carolina law recognizes that documents can be executed through an agent (an attorney-in-fact) and that signatures made in a representative capacity can be valid when they show the signer acted for the principal. For powers of attorney and other recorded instruments, North Carolina statutes also provide acceptable ways for an agent to sign either in the principal’s name or as agent for the principal. Separately, when the parent cannot direct or understand the signing process, North Carolina court-supervised guardianship through the Clerk of Superior Court may be the appropriate path to obtain legal authority to act.

Key Requirements

  • Clear direction from the parent at the time of signing: The parent must be able to communicate that the other person should sign the parent’s name (not just that the parent generally wants a power of attorney).
  • Parent’s presence during the signing: The parent must be present when the other person writes the parent’s signature, so the act is truly done at the parent’s direction and with the parent’s awareness.
  • Signature format that shows representative signing: The signature line should make it obvious that someone else wrote the parent’s name and identify who did it and why (at the parent’s direction/in the parent’s presence), reducing later disputes and notary concerns.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a family member trying to complete a financial power of attorney while the parent has health setbacks and may not be able to clearly verbalize instructions. If the parent can still clearly direct the signing in the moment and is present while the family member writes the parent’s name, the signature line should show that the family member signed on the parent’s behalf at the parent’s direction and in the parent’s presence. If the parent cannot clearly communicate direction at signing time, the notary’s concern is well-founded because the direction/awareness requirement becomes the weak point, and a power of attorney signing may not hold up if challenged.

Process & Timing

  1. Who signs: The person physically writing the signature signs. Where: In front of a North Carolina notary public (often at a home, facility, or office). What: The financial power of attorney document plus the notary’s acknowledgment. When: At a time when the parent can clearly direct the signing and is present for it.
  2. How to write the signature line: Use a format that shows the parent is the signer in substance, but another person wrote the signature. Common examples include:
    (a) “(Parent’s Full Legal Name), by (Your Full Legal Name), at (Parent’s Name)’s direction and in (Parent’s Name)’s presence.”
    (b) “(Your Full Legal Name), signing for (Parent’s Full Legal Name) at (Parent’s Name)’s direction and in (Parent’s Name)’s presence.”
    The document should match the parent’s name as it appears in the power of attorney.
  3. Notary completion: The notary should complete the acknowledgment that matches what actually occurred (including who personally appeared before the notary). If the document is intended to be used for recording or other formal acceptance, the acknowledgment language should be consistent with a representative signing and should not imply the parent personally signed if the parent did not physically sign.

Exceptions & Pitfalls

  • Unclear direction at signing: If the parent cannot clearly communicate “sign my name” at that time, the signing can be challenged, and a notary may properly refuse to notarize.
  • Notary “personal appearance” mismatch: A common mistake is using wording that makes it sound like the parent personally appeared and personally signed when the person who actually signed was someone else. The acknowledgment should match who appeared and who signed.
  • Using “attorney-in-fact” language too early: A financial power of attorney is the document that creates the agent’s authority. Until it is properly executed, the family member is not yet acting as attorney-in-fact under that document.
  • Institution acceptance issues: Even if a signing method can be legally defensible, some banks and financial institutions may reject documents that look unusual. Clear signature formatting and a clean notary certificate reduce that risk, but they do not eliminate it.
  • Capacity concerns leading to guardianship: If the parent cannot direct the signing, the next step is often a guardianship proceeding handled by the Clerk of Superior Court, rather than trying to force a power of attorney signing.

Conclusion

In North Carolina, when another person writes a parent’s signature at the parent’s request, the signature line should clearly show that the parent is the principal and that the other person signed at the parent’s direction and in the parent’s presence (for example, “Parent Name, by Your Name, at Parent’s direction and in Parent’s presence”). If the parent cannot clearly give that direction at the time of signing, the notary may not be able to notarize the power of attorney properly. The next step is to confirm capacity and, if needed, promptly start the guardianship process with the Clerk of Superior Court.

Talk to a Estate Planning Attorney

If a family is trying to sign a North Carolina financial power of attorney during a health decline and a notary is unsure how to handle the signature and acknowledgment, an estate planning attorney can help clarify the signing method, notary wording, and backup options if capacity is fading. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Estate Planning Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.