Also known as: exclusive powers · exclusive authority
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An authority granted to the donee of a power of appointment that permits the donee to appoint all appointive property to one or more members of a designated class while excluding others from any share.
An authority granted to the donee of a power of appointment that permits the donee to appoint all appointive property to one or more members of a designated class while excluding others from any share.
An exclusive power permits the donee to appoint all property to one or more members of the class while excluding others entirely. A nonexclusive power requires the donee to appoint some property to each member of the class. Courts default to construing powers as exclusive absent express language requiring distribution to every object.
Sole authority vested in one person or body to perform or prevent specified acts, such as adding or changing the person to whom an authoritative electronic copy has been transferred or exercising regulatory power over a defined domain.
Everlasting Insurance hired Emanuel Escobar, a nonlawyer adjuster, to determine losses and negotiate settlements on multiple claims for a contingent fee. Escobar completed the work and sought payment under the contract. The court refused enforcement because the state constitution placed exclusive authority over the practice of law in the judiciary, rendering the statute permitting unregulated nonlawyer performance invalid.
Sole authority vested in one person or body to perform or prevent specified acts, such as adding or changing the person to whom an authoritative electronic copy has been transferred or exercising regulatory power over a defined domain.
Each sense below has its own examples, sources, and questions.
Edward Everett and Ewan Eckhart formed a partnership to manage a hotel lease. Everett, acting as manager with exclusive powers of direction, received an offer to renew the lease but kept it secret and pursued the opportunity for himself alone. The court held Everett breached his duty because the exclusive control charged him with disclosure to equalize the opportunity for his partner.
Oregon enacted a statute permitting physician-assisted suicide under strict protocols. The U.S. Attorney General issued an interpretive rule asserting exclusive federal authority to determine that assisting suicide is not a legitimate medical purpose under the Controlled Substances Act. The Court rejected the rule because Congress had not granted the Attorney General such sweeping interpretive power over state medical practices.
A system gives a person exclusive power when an authoritative electronic copy enables that person to identify itself as the transferee and to prevent others from adding or changing the transferee while also allowing transfer of control. This power must be subject only to limited exceptions in subsection (d).
A state constitution vests exclusive authority in the judiciary when it reserves regulation of legal practice to the courts. A statute attempting to authorize nonlawyers to perform core legal acts such as loss determination and settlement negotiation is unconstitutional and prevents enforcement of fee contracts for those services.
Yes. The person to whom general letters are first issued holds exclusive authority until termination or modification. A later appointee acting in good faith before notice may still have acts validated, but the first representative may recover estate property from the subsequent appointee.
…extension which he had locked within his breast to be utilized by himself alone. The very fact that Salmon was in control with exclusive powers of direction charged him the more obviously with the duty of disclosure, since only through disclosure could opportunity be equalized. If he might cut off renewal by a purchase for his own…