My brother is the power of attorney for my elderly mother. She is demented and often confused about her finances and so forth. I have no reason not to trust my brother and I think he does everything he can to help her out. But I noticed that he signs things for my mother as her Attorney in Fact. Is that OK? He says it's the same thing as signing it as the Power of Attorney. Thanks for any answer.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Attorney in Fact
Yes, nothing to worry about. The terms Power of Attorney and Attorney in Fact are synonymous and both have the same legal effect. Typically, when a Power of Attorney signs documents on behalf of a principal, the Attorney in Fact will use some clarifying language, such as "Joe Ddoe as his Attorney in Fact" (or "Jane Doe as his Power or Attorney"). That way, the world is put on notice that the agent is not signing on his own behalf and is not incurring any personal liability. I'm glad your brother seems to be doing things by the book in his efforts to help out your mom, and I hope things work out well for you and your family.