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Affidavit by an Attorney-in-Fact or by Affiant in the Capacity of an Attorney-in-Fact

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Multi-State
Control #:
US-00482BG
Format:
Word; 
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Description

For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.


The following form is by an affiant as an attorney-in-fact.

Definition and meaning

An Affidavit by an Attorney-in-Fact or by Affiant in the Capacity of an Attorney-in-Fact is a legal document that allows an individual, known as the affiant, to affirm a statement on behalf of another person (the principal) who has authorized them through a power of attorney. This affidavit serves as evidence of the affiant's authority to act on behalf of the principal in specific matters, often related to transactions or legal agreements.

How to complete a form

To properly complete the Affidavit by an Attorney-in-Fact, follow these steps:

  1. Identify yourself as the affiant and provide your residential address.
  2. State your relationship to the principal and specify the power of attorney under which you are acting.
  3. Affirm that the principal is alive and well and provide relevant details about the action you are authorized to undertake.
  4. Clearly state the purpose of the affidavit to ensure it serves its intended function.
  5. Sign the affidavit in front of a notary public to ensure its validity.

Who should use this form

This affidavit is particularly useful for individuals designated as attorneys-in-fact—those who have received authority through a power of attorney document. It is often used in real estate transactions, financial agreements, or any legal matters requiring the principal's consent but where the principal is unable to be present. It is advisable for anyone stepping into this role to ensure they understand their responsibilities clearly.

Legal use and context

The Affidavit by an Attorney-in-Fact is legally recognized in various contexts, including property sales, medical decisions, and financial transactions. It helps validate the authority of the attorney-in-fact and provides assurance to third parties (such as banks or buyers) that actions taken by the attorney-in-fact are legitimate and binding.

Key components of the form

This affidavit typically includes:

  • The name and address of the affiant.
  • The identity of the principal and details of the power of attorney.
  • The specific authority granted to the attorney-in-fact.
  • The purpose of the affidavit.
  • Signature and date of the affidavit.
  • Notary public acknowledgment.
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FAQ

After the principal's name, write by and then sign your own name. Under or after the signature line, indicate your status as POA by including any of the following identifiers: as POA, as Agent, as Attorney in Fact or as Power of Attorney.

If you have executed a Durable Power of Attorney, then you have signed a document appointing a person to make financial decisions on your behalf. The document is called a Power of Attorney, and the person named to make decisions on your behalf is called an Attorney-in-Fact (otherwise known as an Agent).

When the document goes into effect, you become that person's attorney in fact, which means you act as their agent. Generally, to sign documents in this capacity, you will sign the principal's name first, then your name with the designation "attorney in fact" or "power of attorney."

This means you verify the identity of the attorney in fact not the principal and write only the attorney in fact's name in the notarial certificate wording. The attorney in fact signing your journal entry should sign only his or her name.

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 fiduciary. Also known as attorney in fact or private attorney.

The lawyer has asked you to sign for them, above their name and position title at the end of the letter. You write 'p. p' in the signature space and sign your name after it. This validates the letter, in informing the reader the letter has been signed on behalf of the lawyer with authorisation.

3 attorney answers Sign his name and then add underneath "by your name, attorney in fact".

After the principal's name, write by and then sign your own name. Under or after the signature line, indicate your status as POA by including any of the following identifiers: as POA, as Agent, as Attorney in Fact or as Power of Attorney.

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Affidavit by an Attorney-in-Fact or by Affiant in the Capacity of an Attorney-in-Fact