Agent (Attorney-in-Fact)

What It is 

The agent, also called the attorney or attorney-in-fact, is the person authorised by the principal to carry out stated acts on their behalf under a power of attorney. This does not mean a real-estate agent.

What it is not

The agent is not the owner of the matter and cannot act beyond the powers written in the POA; acting outside the mandate can invalidate the action.

Where it is used

The agent presents the POA to the receiving party — a bank, developer, trustee or court — and acts within its defined scope.

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Last reviewed: August 2026