Attorney-in-Fact
Candlefocus EditorThe authority of this role can be either broad or narrow in scope. The principal can limit the scope of scope of authority extended to the attorney-in-fact, so the attorney-in-fact’s actions may be limited to a specific set of decisions, financial activities, or other such actions.
The attorney-in-fact is responsible for signing any documents and/or other legal process necessary to execute agreements. The attorney-in-fact must ensure that all of the principal’s interests are protected when fulfilling decision-making or other duties granted by the Power of Attorney. The attorney-in-fact must also act in the best interest of the principal and in legal and moral accord with his/her powers, restrictions and instructions.
In some cases, the courts may grant an individual power of attorney to represent another person when they are incapacitated. This may include situations where an elderly person, or someone with a disability or in a coma, needs to make decisions concerning affairs such as medical care.
The decisions made by an attorney-in-fact are legally binding, and in some cases, more binding than if the principal had made the decision themselves. This is why it is important for the principal to choose an attorney-in-fact who is trustworthy and has their best interest in mind. It is also important for the attorney-in-fact to understand the limits of their appointment, and to ensure that they are not overstepping their authority.
In sum, an attorney-in-fact is someone authorized to act on behalf of another person. This is done with the written granting of a Power of Attorney, and is usually done with the best interests of the principal in mind. An attorney-in-fact may also be appointed by a court for an incapacitated person. The Powers of Attorney that an attorney-in-fact is afforded can either be narrow or broad, depending on the needs of the principal. The attorney-in-fact must make decisions that protect the interests of the principal and act within the confines of their power.