A person named in a written power of attorney document to act on behalf of the person who signs the document, called the principal. The attorney-in-fact’s power and responsibilities depend on the specific powers granted in the power of attorney document. An attorney-in-fact is an agent of the principal.
Attorney In Fact: A person appointed by another to act on their behalf in legal or financial matters, typically through a power of attorney document. This individual is authorized to make decisions, sign documents, and conduct business on behalf of the person who appointed them.
n. someone specifically named by another through a written “power of attorney” to act for that person in the conduct of the appointer’s business. In a “general power of attorney” the attorney-in-fact can conduct all business or sign any document, and in a “special power of attorney” he/she can only sign documents or act in relation to special identified matters. Too often people sign themselves as attorney-in-fact for relatives or associates without any power of attorney. If someone claims to be able to sign for another, a demand to see the written power of attorney is reasonable and necessary. In real estate matters, the power of attorney must be formally acknowledged before a notary public so that it can be recorded along with the real estate deed, deed of trust, mortgage, or other document.
An agent of the person giving him/her the power of attorney (for a specific purpose or for general purposes) to act on his or her behalf. The attorney-in-fact’s power and responsibilities depend on the specific powers granted in the power of attorney document.
An attorney in fact is a person who is authorised to act on behalf of another person, known as the principal, in legal and financial matters. The authority granted to the attorney in fact is typically established through a power of attorney document, which outlines the specific powers and limitations of the attorney in fact.
The attorney in fact is not necessarily a licenced attorney, but can be any individual chosen by the principal to handle their affairs. The attorney in fact must act in the best interests of the principal and within the scope of the authority granted to them.
The powers granted to the attorney in fact can vary widely depending on the specific language of the power of attorney document. Some common powers include the ability to make financial transactions, sign legal documents, manage real estate, and make healthcare decisions on behalf of the principal.
It is important for both the principal and the attorney in fact to understand the scope of the authority granted and any limitations imposed. The attorney in fact should keep accurate records of all transactions and decisions made on behalf of the principal.
In summary, an attorney in fact is a person authorized to act on behalf of another in legal and financial matters, as outlined in a power of attorney document. They must act in the best interests of the principal and within the scope of their authority.
A person who holds power of attorney, and therefore is legally designated to transact business and execute documents on behalf of another person.
Q: What is an Attorney In Fact?
A: An Attorney In Fact is a person appointed to act on behalf of another person in legal or financial matters, typically through a power of attorney document.
Q: What powers does an Attorney In Fact have?
A: The powers granted to an Attorney In Fact can vary depending on the specific language of the power of attorney document. They may include the authority to make financial decisions, sign legal documents, and make healthcare decisions on behalf of the person who appointed them.
Q: How is an Attorney In Fact appointed?
A: An Attorney In Fact is appointed through a power of attorney document, which must be signed and notarized by the person granting the power.
Q: Can an Attorney In Fact make decisions without the consent of the person who appointed them?
A: The powers granted to an Attorney In Fact are typically limited to acting in the best interests of the person who appointed them. They are not allowed to make decisions that go against the wishes of the person who appointed them.
Q: Can an Attorney In Fact be held legally responsible for their actions?
A: Yes, an Attorney In Fact can be held legally responsible for their actions if they act outside the scope of their authority or if they engage in any form of misconduct.
Q: Can an Attorney In Fact be removed from their position?
A: Yes, the person who appointed the Attorney In Fact has the right to revoke the power of attorney and remove the Attorney In Fact from their position at any time.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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