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What Is an Attorney in Fact?

Several types of attorneys exist depending on the type of case undertaken. There are general categories of attorneys and specific categories of attorney also depending on what area of law they specialize in. However, an attorney in fact does not necessarily refer to an actual attorney. An attorney in fact is a person who is empowered to act on behalf of another individual through power of attorney.

A person can become an attorney in fact for a specific period of time or until the privilege has been revoked by a court of law. There exist several reasons as to why a person may be named an attorney in fact. For example, a person can be named attorney in fact in order to conduct business transactions on behalf of a chief executive or a manager who is currently absent. This may mean that the attorney in fact is given the power to manage assets, make investments, and execute documents on behalf of whoever is originally in charge. In order to clearly define what the responsibilities of an attorney in fact are with regards to the function of the office of the person he or she is acting on behalf of, an agreement is usually entered into that specifies the terms and conditions of the period that the person acts as an attorney in fact.

There are few qualifications or criteria for a person to be considered an attorney in fact. One such qualification is that the person be of legal age.

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