Signature Requirements: Powers of Attorney and Guardianship

The following persons also may be eligible to sign the note on a borrower’s behalf in accordance with the guidelines below.

• An attorney-in-fact may sign the note. See Requirements for Use of a Power of Attorney, for further requirements governing the use of a power of attorney.

• A court-appointed guardian may sign the note if the borrower is not legally competent, provided that they have unlimited power over the ward’s affairs, including the power to hold, convey, and give a lien against real property owned by the ward, to make payments from the ward’s assets, and to permit inquiries concerning the ward’s credit. The underwriter should obtain a copy of the documents making the appointment. If the guardian in some other capacity is a party to the loan or sale transaction—for example, the seller of the property—the underwriter should ascertain that there are no material conflicts of interest.