Also known as: general authorities · general powers
Written by attorneys · grounded in primary & secondary sources — see below
A statutory mechanism that allows a principal to grant an agent broad powers by referencing descriptive terms for subject areas in a power of attorney. The reference incorporates the full statutory powers associated with those subjects as if set out in full.
Georgia Gibbs executed a durable power of attorney using the statutory form and checked the box for general authority with respect to banking and business operations. Her agent then mortgaged a company asset and entered a supply contract. The transactions bind Georgia because the statutory reference incorporated all default powers for those subjects.
Harold Hayes signed a power of attorney that granted general authority over banks and other financial institutions. His agent later closed an account and opened a new line of credit at the same bank. Both acts were authorized because the statutory reference incorporated the full default powers listed for that subject.
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Irene Ingram granted her agent general authority with respect to real property in the statutory power of attorney. The agent then executed a lease and paid property taxes on her behalf. Those steps were valid because the reference pulled in every default power the statute supplies for real property.
John Jensen gave his daughter general authority over tangible personal property. She sold several household items and used the proceeds to buy replacement furniture. The sales were binding on John because the statutory language incorporated the complete list of default powers for that subject.
Karen Kline included a general authority reference to stocks and bonds in her durable power of attorney. Her agent sold shares and purchased bonds with the proceeds. The transactions bound Karen because the reference incorporated the entire statutory section as if written out in full.
Leonard Lopez granted general authority with respect to gifts. His agent made annual exclusion gifts to the principal's grandchildren using funds from a brokerage account. The gifts were authorized because the statutory reference incorporated the default powers listed for that subject.
A reference to general authority with respect to a statutory descriptive term such as banking or real property incorporates the entire set of default powers listed for that subject. The statute treats the reference as if the full provisions were written into the document.
Supporting sources
Yes. The principal may modify or carve back the authority in the power of attorney itself. Without an express limitation the full statutory package applies.
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No. The statutory reference serves as shorthand that pulls in all default powers for the named subjects. Itemized listing of each act is unnecessary.
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…which do not affect other States, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government." Id. , at 195. In this passage, the Court merely was making the well understood point that the Constitution commits matters of "national" concern to Congress and leaves…