An attorney in fact is an individual to whom one gives a power of attorney- in matters of health care or finance- in case one becomes ill or incapacitated. An attorney in fact acts in place of the individual when the individual is not competent to act or make decisions. One who writes a demand letter of any sort to a third party on behalf of an individual, indicating that he represents that individual, is merely practicing law without a license- a crime. An attorney in fact may no more represent someone in a civil dispute than he can defend the individual in criminal court.
RE: "Attorney in Factum&q Totally False. A POA does not have to be used only for an incapacitated person or someone who has lost his mind. I being of sound mind can put you, my CPA or my brother in charge of certain financial situations. Perfect case, my dear friend just completed law school and has successfully passed her bar. Upon celebrating we went out with her Professor of law, (I know he probably does not know as much as you Pat) but nonetheless we had a great conversation on the definition of "Attorney in Factum". In his view as well as mine and my friends who is also an attorney, we all agreed that the term "Proxy" or "Attorney in Factum" is merely granting authority over document(s) and as long as you state that you have a POA and use in the form of "Proxy" not esquire, then you are in deed violating nothing and not practicing law. You are not stating that you will represent him/her in a civil matter which is misleading, you are merely representing him/her pertaining to this document and have been assigned the POA which affords you the right to discuss the matter. I am beginning to find these constant battles with Pat a bit redundant so I will end my rebuttals here. ps: I am not attorney nor do I play one on t.v. I am just a consumer and please don't try this at home or take my advice as legal..... pat wrote: ------------------------------- An attorney in fact is an individual to whom one gives a power of attorney- in matters of health care or finance- in case one becomes ill or incapacitated. An attorney in fact acts in place of the individual when the individual is not competent to act or make decisions. One who writes a demand letter of any sort to a third party on behalf of an individual, indicating that he represents that individual, is merely practicing law without a license- a crime. An attorney in fact may no more represent someone in a civil dispute than he can defend the individual in criminal court.
Actually, You're Both Correct Kristi: I believe in context to the manner in which Pat framed his statement, itâ??s easy to get a bit confused. So as an agent of the courts authorized to practice by California, I say thisâ?¦ Unless one has actually executed a statutory Power of Attorney, a document recognized by the court; then sending a demand letter in the name or on behalf of another could be unauthorized practice. One cannot â??representâ? another in a contested matter unless authorized by the court, or the scope of such is limited to areas outside â??legalâ? matters. Also the type of POA Pat referred to for medical purposes is classified as a â??Durableâ? statutory Power of Attorney, far different than a general POA. Nonetheless, both must be in writing and each must comply with statutory provisions of at least one state to be effective. Bottom-line is youâ??re both correct to certain extents. Keep The Faith, Anthony Villaseñor CreditDefenses.com
RE: "Attorney in Factum&q I'm sure the law professor knows more about the area in which he teaches than anyone. A law professor I know not only teaches Contracts and a third year UCC course, but he wrote a signficant part of the second restatement. He filed a federal lawsuit against his credit card company as a class project.
To Pat & Anthony. Pat, do you have access to that class project? I would find that most interesting and would love to review the case. Also, Anthony, are you a licenced attorney? Never new it if you are:... Please let me know for future reference of the judgmentdebtor.com site. Thanks Kristi Pat wrote: ------------------------------- I'm sure the law professor knows more about the area in which he teaches than anyone. A law professor I know not only teaches Contracts and a third year UCC course, but he wrote a signficant part of the second restatement. He filed a federal lawsuit against his credit card company as a class project.
RE: Actually, You're Both Corr Yes, the Attorney in factum doc would be used within the scope of such is limited to areas outside â??legalâ? matters. For instance, junum is licenced under the CROA but are not legal practictioners. They have the members sign a POA and Don't even require a notary. The POA is to represent them in reference to all creditor,credit bureau and collection matters. The POA complies with the statute of junums place of business and can be signed as proxy, or Factum. I find this subject interesting all the way back to the days of "The good ole esquires" and would appreciate if you have any lit on it laying around. Thanks! Kristi CreditDefenses.com wrote: ------------------------------- Kristi: I believe in context to the manner in which Pat framed his statement, itâ??s easy to get a bit confused. So as an agent of the courts authorized to practice by California, I say thisâ?¦ Unless one has actually executed a statutory Power of Attorney, a document recognized by the court; then sending a demand letter in the name or on behalf of another could be unauthorized practice. One cannot â??representâ? another in a contested matter unless authorized by the court, or the scope of such is limited to areas outside â??legalâ? matters. Also the type of POA Pat referred to for medical purposes is classified as a â??Durableâ? statutory Power of Attorney, far different than a general POA. Nonetheless, both must be in writing and each must comply with statutory provisions of at least one state to be effective. Bottom-line is youâ??re both correct to certain extents. Keep The Faith, Anthony Villaseñor CreditDefenses.com
