Also known as: attorneys-in-fact · attorney in fact · attorneys in fact
Written by attorneys · grounded in primary & secondary sources — see below
A person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated. Execution of deeds and other documents by an attorney-in-fact under a valid power of attorney satisfies the requirement of authority to convey or encumber property.
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Anita Ali owned a beachfront home and executed a durable power of attorney naming Alfred Ashford as her attorney-in-fact for real estate transactions. The document was recorded and remained unrevoked. Alfred signed and delivered a deed conveying the home to a buyer at closing. The deed transferred valid title because Alfred acted with authority under the power of attorney.
Victor executed a power of attorney naming his niece Carla as agent for hotel operations and authorizing her to name a successor. Carla later directed the lender to accept signatures from the general manager Luis on refinancing documents. Both Carla and Luis qualified as agents under the power of attorney when Luis acted on the delegated authority.
An elderly principal executed a durable power of attorney naming a daughter as attorney-in-fact to manage investments. After the principal suffered a stroke and lost capacity, the daughter continued to pay bills and file tax returns. The daughter's actions remained effective because the power of attorney survived the principal's incapacity.
A wife holding joint tenancy property executed a power of attorney authorizing her attorney-in-fact to convey her interest. The attorney-in-fact executed a deed purporting to sever the joint tenancy. The deed failed to achieve severance because one cannot convey to oneself through an agent under the governing rule.
A competent principal executed a durable power of attorney authorizing the attorney-in-fact to make estate-planning gifts. After the principal became incapacitated, the attorney-in-fact transferred $10,000 to each of three grandchildren. The gifts were valid because the power expressly permitted such transfers for estate-planning purposes.
A corporate officer serving as attorney-in-fact for a shareholder negotiated a sale of the shareholder's stock. The officer concealed material information about an impending corporate transaction that would increase the stock's value. The sale was set aside because the attorney-in-fact breached the duty of disclosure owed to the principal.
No. The statute defines an agent as any person granted authority to act for a principal under a power of attorney, regardless of whether the document uses the label agent, attorney-in-fact, or another term. Designation by role or position is sufficient when the principal grants authority in the instrument.
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…proved or acknowledged, before some officer authorized to take the proof or acknowledgment of deeds, or by his, her or their attorney in fact. Territorial Laws of Colo., 1st Sess., An Act Concerning Conveyances of Real Estate, 64, 64, § 2 (1861). The requirement that the document identify grantees by name is indicative of the…
…lands, and finally, he says, as administrator general of the company, under the special authority of the shareholders, and as attorney in fact
…involved: (1) a letter written from Mrs. Burke to her attorney directing him to prepare a power of attorney
Yes. A durable power of attorney remains effective despite the principal's incapacity. When the attorney-in-fact signs a deed within the scope of the granted authority and the power has not been revoked, the deed satisfies the requirement that closing documents be executed by an authorized person.
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No. A revocation is ineffective unless delivered to the attorney-in-fact. Third parties who review the recorded power of attorney and obtain an affidavit confirming it remains in force may rely on the attorney-in-fact's authority, and the deed remains valid.
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Yes. The statutory definition of agent expressly includes a successor agent and a person to whom an agent's authority is delegated. When the original agent acts under authority granted in the power to name a successor, the successor qualifies as an agent for the principal.
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