What is an Attorney-in-Fact? Print

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An attorney-in-fact, also known as a power of attorney, is an individual who is authorized to act on behalf of another person in legal or financial matters. The person granting the authority is referred to as the "principal" or "grantor." The attorney-in-fact is typically appointed through a legal document called a power of attorney.

The power of attorney grants specific powers and responsibilities to the attorney-in-fact, allowing them to make decisions and take actions on behalf of the principal. These powers can vary widely depending on the terms outlined in the power of attorney document. Some common areas where an attorney-in-fact may have authority include managing financial affairs, making healthcare decisions, buying or selling property, or handling legal matters.

It's important to note that the attorney-in-fact has a fiduciary duty to act in the best interests of the principal and must exercise their authority responsibly. The powers granted to the attorney-in-fact can be broad or limited, depending on the wishes of the principal.

It's always advisable to consult with an attorney when creating a power of attorney to ensure that the document accurately reflects the principal's intentions and to understand the legal implications of granting such authority.


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