what is an attorney in fact 
an attorney in fact also called an agent is a person who is authorized to act on behalf of another person known as the principal typically to perform business or other official transactions the principal usually designates someone as their attorney in fact by assigning them in a power of attorney although a court may choose to assign it if the person being represented is incapacitated the rules regulating power of attorney vary from state to state an attorney in fact is not necessarily a lawyer indeed attorneys in fact don t require any special qualifications at all they can be a family member or close friend 1 power of attorney may also be granted to more than one person in such a case it should be stated whether a simple majority or unanimity is required for an action to be taken 2attorney in fact and power of attorneyan attorney in fact is a person who has been legally appointed to act on behalf of another person in a legal or business matter the person appointing the attorney in fact is called the principal and the attorney in fact is sometimes referred to as the agent an attorney in fact is usually appointed through a legal document called a power of attorney poa this document gives the attorney in fact the authority to make decisions and take actions on behalf of the principal in a variety of legal and financial matters for example an attorney in fact might be given the power to sign documents manage a bank account or sell property on behalf of the principal the attorney in fact is not required to be an actual lawyer but they must act in the best interests of the principal and follow any instructions or guidelines set forth in the power of attorney 3 the attorney in fact is also required to keep the principal s affairs confidential and to keep records of all actions taken on behalf of the principal it s important to note that an attorney in fact is not the same as a lawyer or an attorney a lawyer is a professional who is licensed to practice law while an attorney in fact is simply a person who has been given the authority to act on behalf of another person 2attorneys are trained in the legal system and are responsible for representing clients in legal matters such as in court or in negotiations with other parties attorneys are also responsible for giving legal advice and guidance to their clients an attorney in fact on the other hand is any person who has been appointed to act on behalf of another person in a legal or business matter types of power of attorneythere are two basic types of power of attorney poa granted to attorneys in fact 45anyone assigning attorney in fact should take care to choose someone they trust the powers and duties of an attorney in factif the attorney in fact is designated by a general power of attorney they are allowed to conduct any actions that the principal would reasonably take this means an attorney in fact would be able to open and close bank accounts withdraw funds trade stocks pay bills and cash checks all on behalf of the principal with a limited power of attorney the attorney in fact is granted broad powers in one or more areas but not others for example the attorney in fact could be authorized to carry out transactions at the direction of the principal but not to make business or financial decisions it could also be narrower such as only granting the right to sign documents related to the pending sale of a specific piece of property attorney in fact vs attorney at lawas noted above an attorney in fact need not be a lawyer and another term for lawyer is attorney at law if you have passed a state bar exam and are thus legally qualified in that state to prosecute and defend actions in a court on behalf of a client who has retained you then you are an attorney at law 67their functions are also different an attorney in fact must make decisions for their principal while an attorney at law makes no decisions for their client instead they offer advice to their client and can represent them in the courtroom 8