Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.
Attorney-in-Fact
An attorney-in-fact is a person authorized by a written power of attorney to act on another person's behalf in specified legal or financial matters. The title does not require a law license.
Exam context
Look for whether the signer had valid, unexpired authority and whether the act falls within the power's language. Death or revocation of the principal typically ends the attorney-in-fact's power unless the document is durable and state law allows continuation.
Power of attorney creates the role
The principal signs a power of attorney naming the attorney-in-fact and listing permitted acts, such as signing deeds, loan documents, or lease amendments. Authority is limited to the written scope. A general power may authorize broad business acts; a special power restricts actions to one transaction or property.
How this differs from a licensed agent
A real estate agent represents a client under brokerage law and agency disclosure rules. An attorney-in-fact acts under contract law through a power of attorney, not a listing agreement. Exams may ask whether a person signing a deed had actual authority from a recorded or presented power of attorney at closing.
Examples
Out-of-town seller
A seller grants their sibling attorney-in-fact power to execute the deed and settlement statements at closing while the seller travels abroad.
Expired authority
A power of attorney dated five years ago with no durable clause may be rejected by a title company if the principal later revoked it or became incapacitated without a durable provision.
Keep studying
Related terms
- Agency relationshipsHow brokers and sales associates represent clients under license law.
- Bilateral contracts vs unilateral contractsPromise-for-promise vs promise-for-performance contract types.
Related resources
- Free exam prep
Practice related licensing questions with instant feedback.
- Real estate glossary hub
Browse all published national glossary entries.
- Florida exam topic hub
Florida-specific explainers and question sets for this topic area.
Sources
- Cornell LII: power of attorney(Cornell Legal Information Institute)