For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact.
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The document is signed both by the person making the statement, called an affiant, and by a person who is legally authorized to administer an oath, such as a notary public or certain court and government officers.
Derived from the Latin affidare ? ?to make an oath? ? an affidavit is a written statement in which the author (known as the affiant) swears an oath to tell the truth under the penalty of perjury. The affiant signs the document in the presence of a notary public or other officially designated officer of the court.
An affiant is someone who voluntary offers and signs a statement of known facts, under oath, and agrees to have it written down. This written statement becomes known as an affidavit. An affidavit is a written document that covers evidence and facts, known by the affiant, that will be presented in a case.
An attorney-in-fact is a person who has been legally appointed to act on behalf of another person in a legal or business matter. The person appointing the attorney-in-fact is called the "principal," and the attorney-in-fact is sometimes referred to as the "agent."
The individual who creates an affidavit is regarded as the deponent.
Primary tabs. An attorney in fact is an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney.
