Definition of Affiant | Affiant Law – Affidavit Guide

If you are unfamiliar with the term Affiant then don’t worry because I’m about to explain it to you. An affiant is basically a person who takes the vow under an oath on an affidavit.

An affidavit is a written statement that holds legal value in the court room and is filed by an affiant. However, you can’t just write an affidavit by yourself and present it in the court, in order for it to be acceptable, you will have to first get it notarized by notary public.

What is Notary Public?

Notary Public is basically a public law officer whose main function is to verify and authenticate the information written on an affidavit and many such important documents. Their job is to detect fraudulent information. They are present in the time of signing of important documents and they also authenticate the identity and willingness of the person that is signing on the document. The documents that fall under the Notary Public category are:

  • Deeds
  • Estates
  • Powers of Attorney
  • Affidavits
  • Contracts
  • Licenses
  • Trusts
  • Loan Documents

Who is Affiant on Affidavit?

Many people are familiar with word affidavit but once asked about what it’s purpose is, they get confused and answer pure gibberish, which makes no sense. If you also don’t know correctly about what an affidavit is then don’t worry because I’m about to explain it to you in plain simple words.

An affidavit is a legal voluntary document that is written and based purely on facts by taking an oath in the presence of a notary public.

Now, that you are familiar with affidavit, let’s discuss affiant with little bit more detail.

An affiant is the person that put its signatures on the affidavit document. Becoming an affiant is pretty simple, there’s no age or other restrictions. However, it is ideal for the affiants to be a bit mature age so that they can understand the facts that are presented in an affidavit.

Additionally, a guardian is also permitted to put his/her signature on the affidavit instead of a small children or mentally unstable person.

Affiant in Power of Attorney

Power of Attorney is simply a legal document that lets the person to find a replacement for him/her to make all the decisions in cases like:

  • If a person is ill, admitted in a hospital and isn’t able to make decisions for himself/herself.
  • If a person has mental illness and is not able to make decisions for himself/herself.
  • If a person isn’t interested in making decisions for himself/herself.

By using the power of attorney document, a person is allowed to find someone who can sign on the affidavit on behalf of that person.

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