Do you need a Power of Attorney?
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Protecting Californians.
This page:-
discusses how Powers of Attorney are defined by their terms and the meaning of different titles for Powers of Attorney as well as unique language applying to Powers of Attorney in California
examines key events in the life of a Power of Attorney and how a Power of Attorney protects its user and why a Power of Attorney might not be used
addresses issues like what tasks cannot be delegated using a Power of Attorney and what kinds of Powers of Attorney cannot be used for certain purposes as well as discussing the use of government forms
explains the use of Powers of Attorney for general or specific purposes and the use of Powers of Attorney by persons or commercial entities as well as how Powers of Attorney for persons are typically governed by legislation and not governed by legislation where the principal is a commercial entity
discusses how a Power of Attorney must identify an agent and that an agent may be a commercial entity
explains how a Power of Attorney may have multiple officeholders and may be used to allocate different tasks to different agents and may be designed to operate when the principal lacks capacity, as well as how a Power of Attorney may require inclusion of a positive duty to act and terminates upon completion of the authorized tasks
discusses how a Power of Attorney is typically written and must accord with all relevant laws and be fit for purpose
discusses the use of Powers of Attorney in California and Florida for mixed purposes
examines the meaning of the word terms and rights,entitlements & obligations referable to Powers of Attorney
discusses the refinement of laws relating to Powers of Attorney as well as differences between laws relating to Powers of Attorney in different states, including examination of similarities and differences in the legislation of the Six (6) Greater States.
Because a Power of Attorney can be used in such a wide variety of circumstances by any person or commercial entity, expressions like "it's a Power of Attorney" disclose almost no information at all about a particular Power of Attorney.
Every Power of Attorney is unique in fundamental respects, such as:
Like any legal instrument, an individual Power of Attorney is the sum of its precise words.
It is necessary to read the contents of the Power of Attorney in conjunction with any relevant legislation, to understand its operation, for example when it commences or terminates, whether an agent appointed under the Power of Attorney is entitled to remuneration, what is to occur if the principal lacks capacity, whether an agent may appoint sub-agents and who is to replace an agent who becomes ineligible as well as more fundamental aspects of the kind listed above, such as when an agent is authorized to perform tasks, as well as other basic aspects of a Power of Attorney such as the identity or identities of the person or persons or other legal entity or legal entities who the principal proposes for appointment as their agent or agents under the Power of Attorney and the many other features of its operation.
A Power of Attorney might be titled "Power of Attorney" or have a longer title, such as "Durable Power of Attorney", "General Power of Attorney" or "Irrevocable Power of Attorney".
Words used in the title of a Power of Attorney might include: commercial, non-statutory non-durable, non-statutory durable, non-statutory, non-durable, durable, statutory, military, legislative, contractual, oral, irrevocable,
general, limited, special, specific, springing, temporary or ordinary, each word accounting for an aspect of a particular design.
It should not be assumed that because the title of a Power of Attorney does not contain a certain word, the Power of Attorney has or lacks a particular quality.
The qualities of a Power of Attorney can only be determined by considering the effect of the precise words it contains.
For example:
See the Titles & Types page of this Wiki for more insight, including a useful analogy that emphasises the ad hoc, uncertain nature of titles used for Powers of Attorney.
In contrast to many states, California tends to favour the term "attorney-in-fact", rather than the term "agent".
§4014 provides:
“Attorney-in-fact” means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term.
Equally, most of the United States appears to prefer the term "successor agent", whereas California prefers the term "alternate agent".
§4014 provides:
“Attorney-in-fact” includes a successor or alternate attorney-in-fact and a person delegated authority by an attorney-in-fact.
The 1994 California Law Revision Commission Report[1] included the following in respect of the use of the word 'agent' in Part 3 of the legislation (focusing on the government form):
"..After the introductory phrase, the term “agent” is used throughout the Uniform Act in place of the longer and less familiar “attorney-in-fact.” Special effort is made throughout the Uniform Act to make the language as informal as possible without impairing its effectiveness.."
Despite this acknowledgement in 1994 that the term "attorney-in-fact" is longer and less familiar, California persists in using the term "attorney-in-fact" as opposed to the term "agent".
There are four (4) particularly important points in time, or periods of time with respect to a Power of Attorney, being creation, signing, appointment and termination.
In all of the Six (6) Greater States except for Florida, a principal being a person may define when a Power of Attorney becomes binding upon a principal or any agent.
The position is qualified in Florida, where a Power of Attorney for a person[2] cannot be defined to become effective in the future.[3]
The word "create" in the context of Powers of Attorney as it appears in this Wiki might, depending on its content, refer to:
The mere creation of a Power of Attorney that has not signed by the principal could result in unexpected outcomes.
For example, an unsigned Power of Attorney 'found in a bottom drawer' could in principle, be presented to a Court and suggested to be evidence of a particular preference or intention, potentially in a context that may or may not relate directly to the Power of Attorney.
Of course, the Court would need to decide whether to accept this as correct and the fact that the Power of Attorney is unsigned would likely be taken into account by the Court in its deliberations, however this example illustrates the risk at stake.
Considerations when creating a Power of Attorney include:-
It is invariably good practice to clearly mark any draft document "Draft Only - not intended to have any legal consequence or be relied upon for any purpose" or similar.
The proper execution of a Power of Attorney by the principal is arguably the most significant event in the life of a Power of Attorney.
Unless a Power of Attorney provides otherwise, it is presumed to be intended by the principal to be effective upon being properly executed by the principal.
In this context, the term "be effective" refers to becoming binding upon the principal.
Once a Power of Attorney is binding upon the principal:-
Only the terms of the Power of Attorney, or its revocation by the principal, or its termination might qualify this position.[4]
As to the validity of any signature of the principal:-
Having accepted appointment, subject to the terms of their appointment and the terms of their authority, an agent may commence to perform tasks as an agent appointed under the Power of Attorney.
An agent may be authorized to act differently, at different times performing different tasks, these matters being specified by the principal in the Power of Attorney.
Where one agent is named, subject to the terms of the Power of Attorney, the agent may immediately commence to perform tasks as an agent under the Power of Attorney
Where more than one agent is named:-
In New York, the position is qualified with respect to when an agent may commence to perform tasks in respect of a Power of Attorney for a person which is not excluded from the ambit of the legislation.
In New York a Power of Attorney that “designates” two or more agents is subject to §5-1501B(3)(a) which provides:
"the Power of Attorney takes effect when all the agents so designated have signed such power of attorney with their signatures acknowledged".
That said, once the Power of Attorney has become effective, in New York §5-1508 operates, which states: "..unless the principal provides otherwise in the Power of Attorney, if a vacancy occurs because of the death, resignation or incapacity of a co-agent, the remaining agent or agents may act for the principal.."
Loss of capacity may or may not be relevant to the authority of an agent to perform tasks for the benefit of the principal.
For example, compare the significance of capacity in respect of a durable Power of Attorney under which agents may:-
Upon termination of a Power of Attorney, any appointment of an agent under the Power of Attorney and most of an agent's associated rights, entitlements and obligations under the Power of Attorney, invariably cease.
Surviving obligations include, for example:-
A Power of Attorney commonly terminates, unless it specifies otherwise, upon the Power of Attorney being revoked by the principal or its purpose being fulfilled.
In addition:-
For example, a Power of Attorney for a person[9] terminates under legislation:-
In the Table Summary - Legislative Grounds For Termination is a full account of the legislative grounds for termination of a Power of Attorney for a person[12] in the Six (6) Greater States.
In addition, a Power of Attorney for a commercial entity terminates if and when the principal ceases to exist.[13]
Unless another intention is evident, a Power of Attorney is assumed to be intended to serve the interests of the principal.
An agent must take positive steps to ensure that they do not derive a benefit in connection with the existence of a Power of Attorney, unless they are expressly authorized to receive the benefit, whether at the expense of the principal or otherwise.
An agent must account to the principal for any benefit derived by an agent in connection with a Power of Attorney.[14]
§4231.5 of the California Probate Code provides:[15]
(a) If the attorney-in-fact breaches a duty.. the attorney-in-fact is chargeable with.. :
(1) Any loss or depreciation in value of the principal's property resulting from the breach of duty, with interest.
(2) Any profit made by the attorney-in-fact through the breach of duty, with interest.
(3) Any profit that would have accrued to the principal if the loss of profit is the result of the breach of duty.
(c) If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a Power of Attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code , the person shall be liable for twice the value of the property recovered by an action to recover the property or for surcharge. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court's discretion, be liable for reasonable attorney's fees and costs to the prevailing party
These are many options and principles that enable a principal to regulate their dealings with an agent under a Power of Attorney.
For example, a principal may include terms:-
Like any transaction, using a Power of Attorney involves risks that might justify the adoption of certain protections, in particular:-
These kinds of risks are capable of being managed.
For example suitable terms might be included in a Power of Attorney or perhaps a separate agreement (as between the principal and their agent or agents) dealing with:-
Many people are content to delegate tasks using a Power of Attorney without these kinds of safeguards.
A person cannot use a Power of Attorney to authorize the performance of certain tasks, in particular tasks that involve:-
More insight about this topic is found under headings like Tasks That An Agent Cannot Perform.
Certain kinds of Powers of Attorney cannot be used for certain purposes.
Most notably in California for example, a Power of Attorney for Health Care must be used to delegate health care decisions.
More insight about this topic is found under the heading For What Purposes Can A Power of Attorney Be Used In California? and elsewhere in this Wiki.
A Power of Attorney in California may be cast in the shape of a government form or custom-made.
The use of the word "shortform" in the title of government forms in some states reflects the brief nature of government forms in all states, including California.
For example, in New York and Illinois the government form is known as a "Statutory Short Form Power of Attorney."
In California the government form is known as a "Uniform Statutory Form Power of Attorney".
In Texas, the government form is known as a "Statutory Durable Power of Attorney."
A custom-made Power of Attorney typically:-
The use of government forms is discussed in more detail elswehere in this Wiki, including:-
A Power of Attorney created by a person may be specific or general:-
A principal may allocate tasks to various agents however they see fit.
Where the principal is a commercial entity:-
A Power of Attorney (other than for health related purposes) may be created by a person or a commercial entity (i.e. a business trading as a company or partnership, a trust or an association etc.)
Considerations evidencing the right of a commercial entity to create a Power of Attorney include:-
In California under §4052(a):
"If a Power of Attorney provides that the Power of Attorney Law of this state governs the Power of Attorney or otherwise indicates the principal's intention that the Power of Attorney Law of this state governs the Power of Attorney, this division governs the Power of Attorney and applies to acts and transactions of the attorney-in-fact in this state or outside this state where any of the following conditions is satisfied.."
§4052(a) goes on to specify various conditions, such as the principal being domiciled in California, the Power of Attorney conferring authority in relation to property located in California, the Power of Attorney being executed in California etc.
The reference to "the Power of Attorney Law" in §4052(a) is to be read with §4000 which states "This division may be cited as the Power of Attorney Law".
Hence, the division being referred to in §4052(a) is Division 4.5 of the California Probate Code, dealing with Powers of Attorney.
§4052(b) goes on to provide:-
"If subdivision (a) does not apply to the Power of Attorney, this division governs the Power of Attorney and applies to the acts and transactions of the attorney-in-fact in this state where either of the following conditions is satisfied:
(1) The principal was domiciled in this state when the principal executed the Power of Attorney.
(2) The principal executed the Power of Attorney in this state."
It follows that if the principal is domiciled in California or the Power of Attorney is executed in California, the legislation will govern the Power of Attorney, even if the principal does not state that the legislation governs the Power of Attorney or otherwise indicate that principal's intention is that the legislation governs the Power of Attorney.
In California under §4050, Powers of Attorney for the following purposes are excluded from being subject to the legislation:-
Notably, §4050 and §4052 are to be read with §4010 and §4022.
§4010 states:
"Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division"
§4022 states:
"“Power of attorney” means a written instrument, however denominated, that is executed by a natural person having the capacity to contract.."
It follows that §4050 and §4052 only apply to a Power of Attorney created by a person, not a commercial entity.
A Power of Attorney created in California by a commercial entity is not governed by the legislation.
This is because of the operation of §4010, §4022, §4050 and §4052, as discussed under the previous heading.
A Power of Attorney must identify at least one agent.
In all of the Six (6) Greater States but for Illinois, a Power of Attorney may identify more than one agent.
In Illinois:-
Notably in Illinois, §2-10.5 recognizes that where a government form is used, there is no restriction upon the number of successor agents who may be appointed.
Legislation in five (5) of the Six (6) Greater States expressly recognizes the right of a person[20] to appoint a commercial entity as an agent under a Power of Attorney.
In Texas, where there is no legislation governing non-durable Powers of Attorney:-
This is discussed in more detail under the heading A Commercial Entity May Be An Agent.
Under a Power of Attorney for a person, a principal may appoint various officeholders.
Officeholders might include:-
Under a Power of Attorney for a commercial entity it may be possible to appoint:-
Relevant considerations in respect of a Power of Attorney for a commercial entity would include:-
A principal may identify one or more successor agents, authorized to replace an agent who is ineligible.
In California, Texas, Illinois and Pennsylvania, a protector may be appointed under a Power of Attorney for a person[24] with authority to either:-
The right of a principal who is a person[25] to authorize the appointment of sub-agents works differently in each of the Six (6) Greater States:-
If the principal is a commercial entity:-
The Restatement of the Law (Second) Agency, 1958 and Restatement of the Law (Third) Agency (2006) both recognized the right to appoint sub-agents.
Legislation in many of the Six (6) Greater States recognizes the right of a principal who is a person[29] to appoint 'less vanilla' officeholders under a Power of Attorney, such as:-
The right to appoint sub-servants or delegates, for whose actions liability may or may not rest with the principal, was recognized in §5 of the Restatement of the Law (Second) Agency (1958).
This is discussed in more detail under the heading Difference Between Sub-Agents, Delegates & Sub-Servants.
A principal may appoint multiple agents under a Power of Attorney and authorize different agents to perform different tasks.
A principal might for example, authorize certain tasks to be performed:-
This is discussed in more detail on the page titled Allocating Tasks.
Each of the Six (6) Greater States have introduced legislation entitling a person to create a Power of Attorney that may operate in the event that the principal lacks capacity.
This kind of Power of Attorney is commonly known as a durable Power of Attorney.
Concepts related to durable Powers of Attorney are approached differently in the Six (6) Greater States.
General and technical aspects of durable Power of Attorney are explored in the Exposé about durable Power of Attorney in this Wiki.
In California and Illinois, it may be valuable to include terms in a Power of Attorney dealing with the obligation of an agent to act.
In California and Illinois, legislation expressly excludes a positive duty to act on the part of an agent appointed under a Power of Attorney created by a person.[30]
In Pennsylvania, under a Power of Attorney created by a person[31] it may be arguable that a Power of Attorney cannot provide otherwise.
In Texas, New York and Florida:-
This topic is discussed further under the heading An Agent May Not Have A Positive Duty to Act.
If the tasks authorized to be performed under a Power of Attorney are capable of being fully performed, upon completion of those tasks, the Power of Attorney terminates.
This principle is codified with respect to Powers of Attorney for persons[32] in four (4) of the Six (6) Greater States (see California §4152, Texas §751.131, New York §5-1511, Florida §709.2109).
A general Power of Attorney or a Power of Attorney under which an agent is authorized to perform tasks on an ongoing basis cannot terminate by virtue of fulfilling its purpose.
The Case Study - Fulfilment of Purpose contains further insight.
A Power of Attorney is typically recorded in writing.
To be effective, a Power of Attorney must contain terms that are intended to be legally binding.
Absent reason to draw any other conclusion, a Power of Attorney that is properly executed by the principal is assumed to be intended to be legally binding.
The creation of a Power of Attorney orally, as opposed to in writing, is exceptionally rare.
A Power of Attorney must suit the needs of the principal and be created in accordance with all relevant laws.
If a person has affairs in multiple states, they might:
There are other possibilities.
For example, a person might adopt a combination of these two kinds of solutions, creating both:-
For commercial entities, the options are more limited.
Unless a Power of Attorney is created in accordance with all relevant laws, it is likely to be rejected by third parties or a Court.
A Power of Attorney is fit for purpose if it:-
In California and Florida, legislation designed to facilitate the creation of a Power of Attorney by a person[33] for the purpose of delegating tasks relating to property, financial and legal affairs can also be used for other purposes:
The notion of terms arises in a variety of contexts with respect to Powers of Attorney.
For example, the expression "the terms of a Power of Attorney" typically refers to its contents, that is, the words that make up the Power of Attorney.
The word "term" is also used in other contexts.
For example, we sometimes speak of:
We also speak of specific kinds of terms, such as "remuneration terms" dealing with the remuneration an agent is entitled to receive, or "termination terms" that deal with termination etc.
The Case Study - Different Types of Terms illustrates these concepts.
A Power of Attorney is a legal instrument that triggers various rights, entitlements and obligations.
For example, the creation of a Power of Attorney typically:-
This is merely a brief snapshot of the kinds of rights, entitlements and obligations that a Power of Attorney may trigger.
Every Power of Attorney is different and may lead to different consequences and outcomes in various circumstances.
For example:-
The circumstances in which the rights, entitlements and obligations are to be ascertained often affects their content.
For this reason, rights, entitlements and obligations triggered by the creation of a Power of Attorney are best ascertained having regard to specific circumstances.
The varying nature of laws relating to Powers of Attorney is evidenced by the vast differences in the legislation of the Six (6) Greater States.
The law relating to Powers of Attorney continue to be examined and refined by the judiciary (i.e. judges).
In addition, new legislation is passed from time to time, effecting changes to the law relating to Powers of Attorney.
It may be fair to say that the law relating to non-durable Powers of Attorney changes less frequently than the law relating to durable Powers of Attorney.
This is because durable Powers of Attorney have a relatively short history and perform a more difficult function, as compared to non-durable Powers of Attorney.
Comparing the differences between Power of Attorney laws in different states is difficult.
This is because:-
Set out under the heading How Does California Compare below are many examples of differences between the legislation in California and other states.
However, there is one difference in approach as between the Six (6) Greater States that deserves special mention.
The Six (6) Greater States are split 50/50, with respect to the prescribed means to create a durable Power of Attorney, that is a Power of Attorney to survive incapacity of the principal:-
Other major differences in terms of approach include:-
These kinds of differences can pose real problems.
For example, it may be difficult to rely on legislation enabling a Power of Attorney to be recognized in two states, if the Power of Attorney is not compliant with the laws of both states.
Certain principles are codified in many states and in many instances, the same subject matter is covered in the legislation of many states.
Here are two examples of principles that are codified in the Six (6) Greater States with respect to Powers of Attorney for a person:[^340]
The legislation of the Six (6) Greater States often covers the same, or similar, subject matter.
In such instances, the relevant states may approach the issue at stake differently, as illustrated by many examples set out under the next heading.
Below are some examples of differences as between the Six (6) Greater States, focusing upon the experience in California.
These examples pertain to Powers of Attorney for persons that are not excluded from the ambit of the legislation in each state, other than where mention is made of non-durable Powers of Attorney in Texas, which are not governed by legislation and remain governed by common law.
in California an agent is entitled to remuneration unless the Power of Attorney provides otherwise[46] accepting that:-
in California a principal may identify a ‘protector’ who may designate successor agents:[62]
which is not required where using a durable Power of Attorney in Texas (§751.022) or any Power of Attorney in Florida (§709.2113) (unless the Power of Attorney states otherwise) and required in New York (§5-1501B(1)(c))
which is also possible in Texas (§751.031(b)(5)) in respect of a durable Power of Attorney. Appointing sub-agents is prohibited in Florida (§709.2114(b)). In Pennsylvania, it is permitted if the principal expressly authorizes appointment of sub-agents in the Power of Attorney (§5602(b)). See the heading Original Or Successor Agent May Appoint Sub-Agent for a discussion of the topic of sub-agents being touched upon in the [government form] in Illinois and New York in positive terms
similar to Texas, Florida, Illinois and Pennsylvania, there is no equivalent to §5-1501B(3)(a) in New York under which multiple agents designated to act together cannot commence prior to all agents accepting appointment: §5-1501B(3)(a)
in California management of safety deposit boxes is not specifically addressed in legislation, unlike in Florida (see §709.2114(1)(d))
in California whether a positive duty to act exists (§4230) is addressed in legislation as it is in Illinois (see §2-7), whilst in Texas, Florida, Pennsylvania and New York this issue is not addressed in direct terms
in California there is no provision like in §5-1501C in New York, which excludes from the scope of the legislation Powers of Attorney that are “given primarily for a business or commercial purpose” (§5-1501C cites examples including a power coupled with an interest in the subject of the power, a power to benefit a creditor, a power to transfer or dispose of an asset, a proxy to exercise voting rights in respect of management of an entity, a power authorizing a third party to file a document with a government agency and various other contexts including accepting service of process, selling real property and similar)
The 1994 California Law Revision Commission Report led to enactment of Division 4.5 of the Probate Code. ↩︎
Being a Power of Attorney that is not excluded from the ambit of the legislation. ↩︎
In Florida, the creation of a Power of Attorney that "becomes effective" at a future point in time is prohibited, being the only one (1) of the Six (6) Greater States that has legislation prohibiting persons from creating such Powers of Attorney (other than where certain exceptions operate) see §709.2108(3). ↩︎
For example, a principal might specify in a Power of Attorney that an agent cannot accept appointment before a certain date, or may only accept appointment if certain conditions are satisfied etc. ↩︎
See §751.0022 in Texas, §5-1504 in New York and §5608 in Pennsylvania respectively. ↩︎
See §709.2119 which talks about a third party being entitled to assume that a Power of Attorney is genuine and valid, although §709.2119 does not specifically talk about signatures. ↩︎
This example may fall afoul of the prohibition in Florida upon springing Powers of Attorney, depending upon consideration the meaning of “become effective” in §709.2108(3) and the precise wording of the Power of Attorney. See §709.2108(3) stating "a Power of Attorney is ineffective if the Power of Attorney provides that it is to become effective at a future date or upon the occurrence of a future event or contingency”, discussed further under the heading Springing Powers of Attorney. ↩︎
Being a Power of Attorney that is not excluded from the ambit of the legislation. ↩︎
Being a Power of Attorney that is not excluded from the ambit of the legislation. ↩︎
Being a Power of Attorney that is not excluded from the ambit of the legislation. ↩︎
For example, perhaps upon entering liquidation or similar, accepting that liquidation and other insolvency related events that may affect a Power of Attorney created by a commercial entity are complicated and vary from state to state. ↩︎
Unless it is an irrevocable Power of Attorney. ↩︎
Being not a Power of Attorney excluded from the ambit of the legislation. ↩︎
General Powers of Attorney are not permitted in Florida, see §2201(1). ↩︎
As recognized in Federal Regulations (Chapter I. Subchapter H, Internal Revenue Practice Part 601 Statement of Procedural Rules, in particular §601.503(c). ↩︎
For example §605.0109 in Florida providing for an LLC to create a Power of Attorney ↩︎
For example in Texas, the use of Powers of Attorney in business transactions was approved in Texas Bankers Association v Association of Community Organizations for Reform Now (ACORN) (App 3 Dist. 2010) 303 S.W.3d 404 where the Court said "..the use of powers of attorney to designate an attorney-in-fact to act on the designor's behalf is a recognized principle of Texas law" and "[there is an] existing principle of Texas Law that allows the use of a properly executed Power of Attorney in business transactions" and we might look at the many cases in Texas involving Powers of Attorney created by a principal who is a commercial entity, or involving a commercial entity appointed as an agent, as good evidence that commercial entities may be officeholders under a Power of Attorney. ↩︎
In respect of a Power of Attorney that is not a Power of Attorney excluded from the ambit of the legislation. ↩︎
Being not a Power of Attorney that is excluded from the ambit of the legislation. ↩︎
In Florida, if the Power of Attorney is for a person and not excluded from the ambit of the legislation, §709.2114(b) prohibits the appointment of sub-agents. ↩︎
Ibid. ↩︎
Being not a Power of Attorney that is excluded from the ambit of the legislation. ↩︎
In respect of a Power of Attorney that is not excluded from the ambit of the legislation. ↩︎
See §751.031(b)(5) in Texas and §5602 in Pennsylvania ↩︎
See §709.2114(b) ↩︎
Being not a Power of Attorney that is excluded from the ambit of the legislation. ↩︎
Ibid. ↩︎
Ibid. ↩︎
Ibid. ↩︎
Ibid. ↩︎
Being a Power of Attorney that is not excluded from the ambit of the legislation. ↩︎
Discussed further at References with respect to general Powers of Attorney. ↩︎
Which remain governed by common law. ↩︎
See §709.2108(3). This is discussed further under the heading springing Power of Attorney). ↩︎
See §5-1501B in New York , §2-3 in Illinois, §5604(a) in Pennsylvania ↩︎
See §751.203 which contains an agent's certificate and in particular, paragraph 4 of same which refers to a *Power of Attorney" that "..becomes effective on the disability or incapacity of the principal or at a future time or on the occurrence of a contingency.." ↩︎
in Texas, non-durable Power of Attorney remain governed by common law ↩︎
§5-1506 disentitles an agent to remuneration unless the Power of Attorney provides otherwise ↩︎
Being not a Power of Attorney that is excluded from the ambit of the legislation. ↩︎
Being not a Power of Attorney that is excluded from the ambit of the legislation. ↩︎
Being not a Power of Attorney that is excluded from the ambit of the legislation. ↩︎
Being not a Power of Attorney that is excluded from the ambit of the legislation. ↩︎
See §5608.1(b) in Pennsylvania and §709.2120 in Florida ↩︎
See §751.023(b) ↩︎