Also known as: power of attorney · powers of attorney · POA · letter of attorney
Written by attorneys · grounded in primary & secondary sources — see below
A written instrument by which a principal grants an agent authority to perform specified acts on the principal's behalf. The instrument remains effective despite the principal's later incapacity when designated durable. Execution by an authorized agent under a valid power of attorney satisfies requirements for deeds and other closing documents.
Select any source to read its text and confirm it supports the definition.
Ariana Azizi granted her manager a power of attorney expressly authorizing real-estate sales. The manager executed and delivered a deed conveying Ariana's beachfront parcel to Anchor Bank at closing. Anchor Bank's title company reviewed the recorded power of attorney and obtained an affidavit confirming its continued validity. The deed transferred good title because the manager acted under valid authority.
Anthony Arnold executed a financial power of attorney naming his daughter as agent. After Anthony suffered a stroke rendering him incapacitated, the daughter used the power to sell startup shares and close accounts. The daughter completed the transactions without court intervention. The sales remained valid because the power continued despite Anthony's incapacity.
Angela Acosta designated a designated agent in a power of attorney to receive legal documents. The agent promptly forwarded a summons to Angela after accepting service. Angela challenged the service as ineffective. The court upheld the service because the agent's acceptance bound the principal under the granted authority.
Ava Adebayo appointed an agent under a power of attorney limited to administrative tasks. The agent sold corporate stock without express authorization to convey ownership interests. The buyer later sought to enforce the sale. The transaction failed because the agent exceeded the scope of authority granted in the instrument.
Alexis Archer executed a durable power of attorney authorizing her sister to make health-care decisions. After Alexis entered a persistent vegetative state, the sister directed removal of life-sustaining treatment. Hospital officials refused without court approval. The power permitted the sister to exercise the principal's liberty interest in refusing treatment.
Amber Alonzo granted her broker a power of attorney to manage investment accounts. The broker transferred shares to a third party pursuant to the authority. The transfer later faced challenge on grounds of improper delegation. The court enforced the transfer because the agent acted within the express terms of the power.
A power of attorney is validly executed when the principal directs another person to sign the principal's name in the principal's conscious presence. Notarization creates an evidentiary presumption of genuineness but is not required for validity. The rule focuses on the principal's direction and presence rather than who physically holds the pen.
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…method of planning for the future. Several States have recognized the practical wisdom of such a procedure by enacting durable power of attorney statutes that specifically authorize an individual to appoint a surrogate to make medical treatment decisions. Some state courts have suggested that an agent appointed pursuant to a general…
…"the parties" flew to Haiti, appellant's affidavit submitted in the Superior Court stated that Sharon Kulko flew to Haiti with a power of attorney signed by appellant. App. 28. The Haitian decree states that Sharon Kulko appeared "in person" and that appellant filed a "
…trial was subsequently granted on account of newly-discovered evidence the majority of the court, on the authority of the second power of attorney
…promise by the agent in order to create a valid agency for receipt of process. The New York statutory short form of general power of attorney
…The steps to accomplish this objective involved: (1) a letter written from Mrs. Burke to her attorney
A durable power of attorney continues despite the principal's incapacity by definition. The durability feature prevents automatic termination that would otherwise occur upon incapacity. Agents may therefore complete authorized transactions without seeking new court authority.
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Divorce automatically revokes the former spouse's authority to act as agent under a power of attorney. The revocation occurs by operation of law unless the instrument or a court order provides otherwise. The former spouse is treated as having predeceased the principal for purposes of the nomination.
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A court-appointed conservator is among the persons authorized to execute deeds transferring the ward's property. When the appointment order grants broad management powers without further approval requirements, the conservator may convey real estate. Good-faith purchasers relying on the recorded deed receive valid title.
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Consent given by an authorized agent is effective only to the extent it reaches the particular conduct at issue. A third party who knows the principal's actual preferences cannot rely on broad language in the power when the transaction exceeds those known limits. The consent defense therefore fails for conduct outside the principal's objectives.
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