Utah Notary Practice Test

Who is referred to as the attorney-in-fact in a legal document?

1. The person who creates the document

2. The person signing on behalf of another

3. The original owner of the property

4. The individual who witnesses the signing

The correct answer is: The person signing on behalf of another

The attorney-in-fact is specifically defined as the person who is authorized to act on behalf of another individual, often in legal or financial matters. This arrangement is typically established through a power of attorney document, which grants that person the legal authority to make decisions or take actions for the individual who created the document, known as the principal. The attorney-in-fact acts in the best interest of the principal, and their powers can vary widely depending on the scope outlined in the document. The other roles mentioned do not align with the definition of attorney-in-fact. For instance, the individual who creates the document is the principal, not the attorney-in-fact, and the original owner of the property is again the principal and not someone acting on their behalf. Additionally, the individual who witnesses the signing has a different function, primarily serving to verify that the signatures are genuine and that the signatories are acting voluntarily. Thus, the term attorney-in-fact explicitly refers to the individual who is signing and making decisions for someone else, making the identification of this role clear and precise.