Certification of attorney in fact form 2025

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Actual, real; as distinguished from implied or inferred. Resulting from theacts of parties, instead of from the act or intendment of law.
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 .
An attorney in fact is a person chosen to act on someones behalf, while a power of attorney is the legal document that grants this authority. In simple terms, the power of attorney enables the attorney in fact to manage legal, financial, or healthcare responsibilities for the principal.
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. Often your agent must present the actual document to invoke the power.
Attorney-in-Fact power ends and the executors 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.
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Its 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.
Signing as an attorney-in-fact involves executing documents on behalf of another person (the principal) under the authority granted by a power of attorney. The signature must clearly indicate the representative capacity to avoid confusion or errors, typically formatted as: Jane Smith, by John Doe, Attorney-in-Fact.
Unlike an Attorney-in-Fact, whose powers are limited to the period of time you are alive, or an Executor, whose powers are limited to a period of time after you die, your Trustee can serve both during your lifetime and after your death. A Trustees powers, however, are limited to those assets held in the trust.

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