Affidavit of Attorney-in-Fact that Power of Attorney in Full Force
What this document covers
The Affidavit of Attorney-in-Fact that Power of Attorney is in Full Force is a legal document used by an attorney-in-fact to confirm that the power of attorney under which they are operating remains valid and has not been revoked. This form is different from other power of attorney forms because it serves specifically as a declaration of the status of the original power of attorney agreement, ensuring that third parties can rely on it without concern of its validity.
Main sections of this form
- State and county where the affidavit is executed
- Name and address of the attorney-in-fact (Agent)
- Details regarding the original power of attorney, including the Principal's name and the date it was signed
- Statement confirming the Agent has no knowledge of revocation of the power of attorney
- Affirmation that the Principal is alive and the power of attorney is still in effect
- Signature of the Agent and the Notary Public
When to use this form
This affidavit should be used in situations where an attorney-in-fact needs to provide proof that the power of attorney they are executing remains active and has not been revoked. Examples of such scenarios include real estate transactions, financial management, or legal proceedings where verification of authority is required by other parties.
Who can use this document
- Attorneys-in-fact who are acting on behalf of a principal
- Individuals engaged in transactions that require proof of an active power of attorney
- Real estate agents or brokers needing validation for property transactions
- Financial institutions requiring assurance before accepting documents from an attorney-in-fact
Instructions for completing this form
- Identify the state and county where the affidavit will be executed.
- Enter the name and address of the attorney-in-fact.
- Provide the Principal's name and the date the original power of attorney was signed.
- State that no revocation of the power of attorney is known to the Agent.
- Sign the affidavit in front of a Notary Public and ensure their signature and seal is included.
Does this form need to be notarized?
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
Common mistakes
- Failing to have the affidavit notarized if required by local law.
- Not including all necessary party information, such as the full name of the Principal.
- Inadvertently stating the power of attorney has been revoked without verifying its status.
- Missing signatures or dates when completing the document.
Benefits of completing this form online
- Convenient access to a form that can be downloaded and filled out at any time.
- The ability to edit the form as per your specific requirements before finalizing it.
- Reliable templates drafted by licensed attorneys to ensure compliance with legal standards.
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FAQ
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."
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An attorney-in-fact is a person who is authorized to act on behalf of another person, usually to perform business or other official transactions. The person represented usually designates someone as their attorney-in-fact by assigning power of attorney. An attorney-in-fact is not necessarily a lawyer.
An affidavit is a sworn written statement. A third party may require you, as the Attorney-in-Fact, to sign an affidavit stating that you are validly exercising your duties under the Power of Attorney.In most cases, once the law is explained to the third party, the Power of Attorney is accepted.
Definition. 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.
An affidavit, by itself, is inadmissible. One cannot cross examine a piece of paper. It is hearsay without the person who signed it present in court and ready to testify about it as well as authenticate it if necessary. So, an affidavit by itself does not stand up in a court of law.
An attorney in fact is a person authorized to sign documents on someone else's behalf, but is not necessarily a practicing lawyer.When an attorney in fact signs a document, the signature should include the name of the principal he or she represents.
A power of attorney allows your agent to act on your behalf with another party. Now that party might ask the agent to prove that you have given him the authority.The affidavit can be accompanied by a copy of the power of attorney granted by you.
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).
