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attorney-in-fact

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attorney-in-fact n. someone specifically named by another through a written "power of attorney" to act for that person in the conduct of the appointer's business. In a "general power of attorney" the attorney-in-fact can conduct all business or sign any document, and in a "special power of attorney" he/she can only sign documents or act in relation to special identified matters. Too often people sign themselves as attorney-in-fact for relatives or associates without any power of attorney. If someone claims to be able to sign for another, a demand to see the written power of attorney is reasonable and necessary. In real estate matters the power of attorney must be formally acknowledged before a notary public so that it can be recorded along with the real estate deed, deed of trust, mortgage, or other document. (See: power of attorney)



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But whereas a mutual insurance company is incorporated, the reciprocal insurance company is run by a management company, also referred to as an attorney-in-fact.
When a client names the lawyer drafting the document as attorney-in-fact or agent, such documents are usually closely scrutinized by the committee.
The court held, inter alia, that when an individual executes a POA, that individual "creates a fiduciary relationship [between that individual and] his attorney-in-fact governed by the laws of agency.
 
 
 
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