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

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Attorney in Fact

Phonetics: at·tor·ney in fact

Function: noun

The document giving the authority of "Attorney in Fact" 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.

Signing as an attorney in fact can be a confusing issue. There are two accepted for an attorney in fact to sign. If the attorney in fact's name is Ron, and the grantor's name is Sue, then Ron could sign as follows: (1) Sue, by Ron, her attorney in fact, or (2) Ron, as attorney in fact for Sue. My attorney prefers the latter, but both are common.

Definition 1:
A person who has been given written authority to act on the behalf of another is an attorney in fact.