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Resources > Glossary > Attorney in Fact

Glossary of Notary Public, Mortgage, Signing Agent, and Loan Signing Terms.

Attorney in Fact
A person who has been given written authority to act on the behalf of another is an attorney in fact. The document giving the authority is a "power of attorney". Someone who is an attorney in fact may have been given certain distinct powers such as the right to handle health care decisions, banking, real estate or any other particular aspect of the grantor's business that was stipulated in the power of attorney. There are many types of powers of attorney that designate these special powers to the attorney in fact. Many individual banks even have their own power of attorney form and will not accept a generic power of attorney form. The attorney in fact is often a person who a notary will interact with when it comes to signing documents on the behalf of a grantor. In such a case, it is often required that you verify that the attorney in fact, indeed, has been designated with the power to sign with this capacity by verifying the power of attorney. It would also be critical to take thumbprints of the attorney in fact just to make sure to verify their identity.