Legal Question in Wills and Trusts in New Jersey

Attorney in fact

How is the term "ATTORNEY IN FACT" different from

"POWER OF ATTORNEY"?

If one is Power of Attorney how should the checking account names appear?

Son becomes Power of Attorney and a joint checking acct. exists between the two. (mother & son)

Is the son responsible for a credit line debt? (real estate used as colleral is not in his name.) The payment is deducted from the joint account monthly. Son did not sign for the debt, mother has no spouse, son only child. Son does not deposit monies in the account, name on account only in case of emergency.


Asked on 7/27/00, 2:05 pm

2 Answers from Attorneys
Steven Tarta Steven Wayne Tarta, Attorney At Law

Re: Attorney in fact

Attorney in fact is the person appointed as legal representative of a person in their Power of Attorney.

Power of Attorney is the name of the document that appoints the Attorney in Fact.

The son is not personally responsible for the debt.

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Answered on 9/13/00, 12:37 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Attorney in fact

The "attorney-in-fact" is the person designated in the document known as a "Power of Attorney". Sometimes the terms are misused.

With a joint checkig account, the power of attorney is not really necessary. Technically, either joint owner may may deposits into, or make withdrawls out of the account. therefore, the account names need not be changed.

If the son is not otherwise obligated on the debt, he will not become liable by virtue of his interest in the joint account merely because payments are being made from this account.

I can be reached at 908-273-1212.

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Answered on 9/12/00, 4:43 pm


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