law

attorney-in-fact

An attorney-in-fact is a person authorized to act on behalf of another (the principal) under a written power of attorney. The attorney-in-fact need not be a lawyer. To sign deeds or other real estate documents, the power of attorney usually must be in writing, specific enough to cover the transaction, and often recorded. The authority generally ends at the principal's death, unless state law provides otherwise.

Exam tip
Do not assume an attorney-in-fact is a licensed lawyer. Also remember that a power of attorney normally ends when the principal dies, even if a durable power survives incapacity.
Example
A seller deployed overseas gives her brother a recorded power of attorney. The brother, as attorney-in-fact, signs the deed at closing on her behalf.

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Last verified: 2026-10-23