Table of Contents
Attorney-in-Fact
Key Characteristics
Power of Attorney
Attorney-in-Fact vs Attorney-at-Law
Real Estate Use
Exam Tip
Attorney-in-Fact
An
attorney-in-fact
is a
person authorized to act on behalf of another
under a
power of attorney
.
Key Characteristics
Authority is granted by a
power of attorney
May act in
legal and financial matters
Does
not need to be an attorney
Authority may be
general or limited
Power of Attorney
General Power of Attorney
Broad authority over many matters
Special (Limited) Power of Attorney
Authority limited to specific acts or transactions
Attorney-in-Fact vs Attorney-at-Law
Attorney-in-Fact
Acts under a power of attorney
May or may not be a lawyer
Attorney-at-Law
Licensed legal professional
Real Estate Use
May sign deeds or contracts on behalf of a principal
Authority must be
clearly stated and valid
Exam Tip
An attorney-in-fact acts
only within granted authority
Authority ends upon
revocation or death
of the principal