durable power of attorney

A power of attorney or letter of attorney in common law systems or mandate in civil law systems is an authorization to act on someone else's behalf in a legal or business matter. The person authorizing the other to act is the "principal" or "grantor (of the power)", and the one authorized to act is the "agent" or "attorney-in-fact" [AIF]. The attorney-in-fact acts "in the principal's name" -- for example, by signing the principal's name to documents.

Attorney-in-fact

As one kind of agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. Durable Power of Attorney: Complete Step-by-Step Instructions for Creating a Durable Power of How To Create a Durable Power of Attorney. If the attorney-in-fact is being paid to act for the principal, the contract is a separate matter from the power of attorney itself, so if that contract is in writing, it is a separate document, kept private between them, whereas the power of attorney is intended to be shown to various other people.

The term "attorney-in-fact" should not be confused with the term "attorney at law. " An attorney-at-law is a lawyer -- someone licensed to practice law in a particular jurisdiction.

Oral and written powers of attorney

The power of attorney (often called "POA" for short) may be verbal—such as asking someone else to sign your name on a cheque because your arm is broken—or may be in writing. What's a Power of Attorney.