Definition: Attorney-in-Fact

An attorney-in-fact is a person authorized to act on the principal’s behalf under a legal document known as a power of attorney. A different person may be designated as the attorney-in-fact under each power of attorney a principal makes. Thus, a person with two durable powers of attorney (for example, one for financial matters and another for health care) may have two different people serving as his or her attorneys-in-fact. Additionally, a principal may designate two or more people to serve together as attorneys-in-fact under a single durable power of attorney, and may designate one or more alternates to be the attorney-in-fact if the principal’s first choice is unable or unwilling to serve.

See durable power of attorney for financial matters and durable power of attorney for health care.