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attorney-in-fact

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
attorney-in-fact.txt · Last modified: by reidjs