Notary glossary
Attorney-in-Fact
An attorney-in-fact is the person a power of attorney authorises to act on someone else's behalf. The person granting that authority is called the principal. Despite the name, an attorney-in-fact is usually not a lawyer — most are a spouse, an adult child, or a trusted friend.
Attorney-in-fact is not the same as attorney-at-law
This is the single most common confusion around the term. An attorney-at-law is a licensed lawyer. An attorney-in-fact is anyone the principal names in a power of attorney, licensed or not. The shared word is an accident of older English, where “attorney” simply meant someone appointed to act for another.
Some states and forms use “agent” instead, which avoids the ambiguity entirely. If your document says agent, it means the same role.
What the role can and cannot do
The power of attorney defines the scope. A general power of attorney can be broad; a limited or special one might authorise a single act, such as signing at one property closing. A durable power of attorney continues to operate if the principal later loses capacity, which is the usual reason people set one up in advance.
The authority ends when the power of attorney says it does, when the principal revokes it, or on the principal's death. An attorney-in-fact cannot act beyond what the document grants, and banks and title companies read that scope carefully.
How an attorney-in-fact signs
The signature has to show that you are signing in a representative capacity, not personally. The usual form is the principal's name, then “by” your own signature, then a phrase such as “as attorney-in-fact” — for example, “Jane Doe, by John Smith, her attorney-in-fact.”
Signing your own name alone can make the document look like a personal obligation, which is exactly the outcome the power of attorney exists to avoid. Institutions frequently reject a signature block that omits the capacity.
Notarizing as an attorney-in-fact
When an attorney-in-fact signs, the notary identifies and notarizes the person actually signing — you — not the absent principal. Many receiving parties also want to see the power of attorney itself, and some require it to be recorded alongside the document.
Requirements for accepting a power of attorney vary by state and by institution, so confirm with the bank, title company or recorder before the appointment rather than after.
Common questions
- Does an attorney-in-fact have to be a lawyer?
- No. An attorney-in-fact is simply the person named in a power of attorney to act for someone else. Most are family members or trusted friends with no legal training. A lawyer is an attorney-at-law, which is a different thing entirely.
- How does an attorney-in-fact sign a document?
- Sign in a way that shows the representative capacity — typically the principal's name, then “by” your signature, then “as attorney-in-fact.” Signing only your own name risks the document being read as your personal obligation.
- What is the difference between an attorney-in-fact and an agent?
- Nothing substantive. Many states and forms use “agent” for the same role because it avoids being confused with a lawyer. Both describe the person authorised by a power of attorney to act for the principal.
Related terms
Principal (signer)
The person whose signature is being notarized. Also called the signer.
Acknowledgment
A notarial act where you declare to the notary that you signed a document willingly. You can sign before the meeting; the notary confirms your identity and your acknowledgment, then completes the certificate. Deeds, powers of attorney and most agreements use an acknowledgment.
Notary public
A person commissioned by a state to serve as an impartial witness to signatures, administer oaths and certify copies. Rush Notary's notaries perform these acts online by video.
General notary practice, not legal advice — rules on identification, witnesses and which documents may be notarized online are set by each state. See the requirements page for your state, browse the full notary glossary, or ask us.