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Learn about the differences between "Pro Se" and "Pro Per" representation in legal matters, particularly when it comes to trust representation. "Pro Se" refers to representing oneself voluntarily within the court’s jurisdiction, while "Pro Per" allows individuals to assert their personal status and challenge court jurisdiction. This distinction highlights the power of an Affidavit of Power of Attorney In Fact, which grants an Attorney In Fact the authority to represent a trust, bypassing the need for a licensed attorney in public jurisdiction. Understand how these legal roles impact court standing and the ability to assert constitutional and contractual rights

Attorney At Law (Public Jurisdiction)

  • Definition: A licensed member of a state bar authorized to practice law within a specific jurisdiction.
  • Public Role: Functions as an officer of the court, bound by statutory rules and professional ethics.
  • Representation: Authorized to represent individuals, entities, and trusts in legal proceedings.
  • Court Standing: Granted formal authority to file appearances and argue cases in court.

Attorney In Fact (Private Jurisdiction)

  • Definition: A person granted authority through a contractual Affidavit: Power of Attorney In Fact to act on behalf of another, including trusts.
  • Private Role: Not required to be a licensed attorney; authority derives solely from the Affidavit’s terms.
  • Scope of Authority: Can be broad (general authority) or limited to specific actions (special authority).
  • Court Representation: May represent a trust in legal actions if the Affidavit explicitly authorizes such representation.

 

Pro Se vs. Pro Per: Jurisdictional and Expectational Differences

  • Pro Se (On One’s Own Behalf): Typically implies voluntary entry into the court’s jurisdiction without challenging presumptions. A pro se litigant essentially consents to the jurisdiction and procedures of the court by choosing to represent themselves.
  • Pro Per (In Propria Persona): Asserts the litigant’s direct personal status, avoiding representation as a legal fiction and often invoking sovereignty over jurisdictional matters. Pro per litigants may retain their sovereign status and challenge the court’s jurisdiction over them. They are not voluntarily submitting to jurisdiction in the same way as a pro se litigant.

 

How an Attorney In Fact Can Represent a Trust in Legal Matters

Affidavit: Power of Attorney In Fact

To establish legalstanding” in a Court, an Attorney In Fact should present on the record:

  • A Sworn Affidavit: Attesting to their authority under the Affidavit: Power of Attorney In Fact.
  • Proof of Authority: The original or certified copy of the notarized and properly executed Affidavit.

Representation “In Propria Persona

Traditionally, trusts and corporations are considered artificial persons and must appear through an “Attorney At Law” (Osborn v. Bank of U.S., 22 U.S. 738 (1824)).

However, courts must recognize an “Attorney In Fact” representing a trustIn Propria Persona” (in one’s own person) if constitutional and contractual rights are asserted.

How the Affidavit of Power of Attorney In Fact Functions in Trust Representation

An Affidavit of Power of Attorney In Fact grants authority to an Attorney In Fact to act on behalf of the trust in legal matters. This document:

  • Grants Representation: It authorizes the Attorney In Fact to represent the trust and make decisions within the scope defined in the affidavit.
  • Establishes Legal Standing: The affidavit provides proof of the Attorney In Fact’s authority to act on behalf of the