If the grantor loses the capacity to grant permission after the power of attorney has been created (for example, from Alzheimer's disease or a head injury in a car crash) then the power will probably no longer be effective. The person who creates a power of attorney, known as the grantor, can only do so when he/she has the requisite mental capacity.
Structure and requirements Capacity of the grantor As an agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other.Ĭare must be taken when selecting an attorney-in-fact, as some attorneys-in-fact have used their authority to steal the assets of vulnerable individuals such as the elderly (see elder abuse). The Uniform Power of Attorney Act employs the term agent. When all the claims are paid, the attorney-in-fact then returns the leftover funds to the subscribers. In the context of the unincorporated reciprocal inter-insurance exchange (URIE) the attorney-in-fact is a stakeholder/trustee who takes custody of the subscriber funds placed on deposit with him, and then uses those funds to pay insurance claims. An attorney-in-fact may be a layperson and is authorized to act pursuant to the powers granted by a power of attorney but may not engage in acts that would constitute the unauthorized practice of law. In the United States, an attorney-at-law is a solicitor who is also licensed to be an advocate in a particular jurisdiction.
That term should be distinguished from the term attorney-at-law. The term attorney-in-fact is used in many jurisdictions instead of the term agent.
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