Also known as: powers of attorney · power-of-attorney · POA
Written by attorneys · grounded in primary & secondary sources — see below
An instrument by which a principal grants authority to an agent to perform acts on the principal's behalf. The grant may be general or limited to specific transactions. A durable power of attorney remains effective after the principal's incapacity.
Pearl Porter owns a commercial building and grants Patrick Phan a power of attorney to convey the property. Patrick signs and delivers the warranty deed to the buyer at closing. The deed is effective because Patrick acted as an authorized attorney-in-fact.
Perry Pratt executes a durable power of attorney naming Philip Powell as agent to manage his investments. Perry later suffers a stroke and becomes unable to communicate. Philip continues to buy and sell securities on Perry's behalf without interruption.
Patricia Patel executes a power of attorney appointing Paul Peterson to make medical treatment choices if she cannot communicate. After an accident leaves Patricia in a persistent vegetative state, Paul directs physicians to withdraw life support in accordance with her known wishes.
Select any source to read its text and confirm it supports the definition.
A tenant grants his partner a power of attorney to handle lease renewals and building management decisions. When the landlord attempts to evict, the partner uses the authority to negotiate continued occupancy and sign necessary documents on the tenant's behalf.
A joint tenant executes a power of attorney authorizing her attorney to sever the tenancy. The attorney prepares and records a deed conveying the tenant's interest to a straw party and then back to the tenant, breaking the right of survivorship.
A corporate officer holding a power of attorney from a shareholder negotiates and completes a stock sale. The buyer later challenges the transaction, claiming the officer lacked authority to bind the shareholder.
A power of attorney is valid if signed by the principal or by another person in the principal's conscious presence at the principal's direction. Acknowledgment before a notary creates a presumption that the signature is genuine but is not required for validity.
A power of attorney terminates upon the principal's death, upon the principal's incapacity unless the instrument is durable, upon revocation by the principal, or when the instrument's stated purpose is accomplished.
No. A judge is prohibited from serving as a fiduciary for non-family members because doing so creates a conflict with judicial duties and may appear to exploit the judicial office.
…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…