Which of the following is an attorney-in-fact?
Asked by: Dr. Evie Glover | Last update: November 1, 2025Score: 4.4/5 (38 votes)
An attorney in fact can be a beneficiary's acquaintance, in which case it is usually a friend or family member. For example, Person A might give a power of attorney to Person B that allows Person B to manage Person A's bank accounts. In this example, Person A is the principal , and Person B is the attorney-in-fact.
Who is considered an attorney-in-fact?
An attorney-in-fact is someone who is granted authority to make decisions on behalf of another person, known as the “principal.” Such authority is granted via a written document providing power of attorney to the attorney-in-fact.
What is an attorney-in-fact Quizlet?
A power of attorney is an instrument (a legal document) in which a principal authorizes another to act as her agent. An agent with a power of attorney is called the principal's attorney in fact.
What does attorney-in-fact mean in real estate?
An Attorney-in-Fact or also known as Agent is an appointed person who will make short or long-term business decisions on behalf of the Principal.
What does "in fact" mean in law?
Definition and Citations:
Actual, real; as distinguished from implied or inferred. Resulting from theacts of parties, instead of from the act or intendment of law.
What is an "Attorney in Fact"?
What is the difference between power of attorney and attorney-in-fact?
Relationship Between Attorney-In-Fact And POA
An attorney-in-fact is an individual authorized to act on another's behalf, while the POA is the legal document granting this authority. The principal creates the POA to establish a formal agreement and specify the scope of actions the attorney-in-fact may perform.
What is an example of implied in fact?
An implied-in-fact contract exists based on the behavior of the respective parties when, for example, one party enters a hair salon, sits down in a chair, and asks for a haircut, which the other party then provides. By asking for the haircut, the first party has implicitly agreed to pay for the haircut.
What best describes an attorney-in-fact?
An attorney in fact is an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney .
What is another name for an attorney-in-fact?
The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document.
Is an attorney-in-fact the same as an executor?
Attorney-in-Fact power ends and the executor's power begins whenever you pass. The executor then has power over everything in your probate estate and will then lead the probate process to see your wishes in your will completed.
Is attorney-in-fact a title?
There are many titles for the person who exercises this authority on your behalf. One such title is “attorney-in-fact.” Here's what you need to know about this aspect of estate planning.
What are the four types of power of attorney?
A power of attorney (POA) is an estate planning document that grants another person, called the agent or attorney-in-fact, the authority to act on your behalf. In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical.
What is the legal definition of an attorney?
Someone authorized to practice law; a lawyer . Also called attorney-at-law . Less commonly, an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney .
What is the difference between attorney-in-fact and personal representative?
The primary difference between the Personal Representative (“PR”) and the person appointed under a power of attorney the attorney in fact (the “POA”) is that the PR is administering the estate after the person has passed away and the POA is caring for the person while they are incapacitated, but still living.
What are the limitations of an attorney-in-fact?
Limitations Of An Attorney In Fact
For example, if the document permits managing financial accounts but excludes real estate transactions, the attorney-in-fact cannot sell or purchase property. They cannot act after the grantor's death.
What is the attorney-in-fact for the beneficiary?
An attorney in fact is a person appointed through a power of attorney to act on behalf of another person in specific matters like financial transactions or healthcare decisions. This role does not require a law degree or bar admission.
Who is the grantor and attorney-in-fact?
The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent, attorney, or in some common law jurisdictions, the attorney-in-fact.
What is another name for an attorney?
People also use these terms in place of lawyer: attorney, barrister, counsel, counsellor, defender, jurist, mouthpiece, pleader, practitioner, proctor, procurator, and solicitor.
What is the most powerful power of attorney?
The Durable Power of Attorney
A Durable POA remains effective even if you become incapacitated. This type of POA ensures your agent, whether for financial or healthcare , can continue to act on your behalf if you are unable to do so.
Who should be my attorney-in-fact?
If you can't come up with a family member or close friend to name, then you may want to consider asking your lawyer, business partner or banker to serve as attorney-in-fact. If you really know and trust the person, then it may be a good option for you.
What is an attorney-in-fact in real estate?
Estate Planning. An attorney-in-fact is a person legally authorized in a power of attorney to perform actions or make decisions for another person (the “principal”).
What is the meaning of POA?
A power of attorney is a legal document that allows someone else to act on your behalf. A power of attorney can be helpful to older people and others who want to choose a trusted person to act on their behalf when they cannot.
What is the legal term for an agreement between parties?
A contract is an agreement between parties , creating mutual obligations that are enforceable by law .
What does implied in fact mean?
Terms implied by fact
The officious bystander test, where the court will imply a term if it is so obvious that it goes without saying, so that if an officious bystander suggested it to the parties, they would both say “Oh, of course!” (Shirlaw v Southern Foundries (1926) Ltd [1939] 2 KB 206).
What are the four classifications of contracts?
In general, contracts are classified along four different dimensions: explicitness, mutuality, enforceability, and degree of completion. Explicitness is the degree to which the agreement is manifest to those not party to it. Mutuality takes into account whether promises are given by two parties or only one.