# History & Reform

> Historical use & reform of Powers of Attorney

Source: https://wiki.powersofattorney.com/historydevbriefhistory · Updated 2 February 2023

> [*Powers of Attorney h*ave a **long history**](https://wiki.powersofattorney.com/historydevbriefhistory#powers-of-attorney-have-a-long-history)
> 
> [*Powers of Attorney **c*****ontinue to develop**](https://wiki.powersofattorney.com/historydevbriefhistory#powers-of-attorney-continue-to-develop)
> 
> [The **national perspective** is fluid](https://wiki.powersofattorney.com/historydevbriefhistory#the-national-perspective-is-fluid)
> 
> [**State level reform** continues](https://wiki.powersofattorney.com/historydevbriefhistory#state-level-reform-continues)
> 
> [*Powers of Attorney a*re **evolving in a global context**](https://wiki.powersofattorney.com/historydevbriefhistory#powers-of-attorney-are-evolving-in-a-global-context)

## *Powers of Attorney* Have A Long History

### Historical Context

An historical analysis of *Powers of Attorney* would likely involve discussion of concepts like:-

- derivative powers (*i.e. authority by which one person enables another to do an act for him*)
- naked or bare authorities, compared to powers coupled with an interest
- the doctrine of uses and related statutes, dealing with disposal of interests

Detailed historical analysis of this kind is not practical.

It is sufficient to recognize that:-

- the term “power” in the expression “*Power of Attorney*” draws on historical concepts, in particular the notion of derivative powers
- the expression “*Power of Attorney*” captures the notion of appointment of an [agent](https://wiki.powersofattorney.com/agentswhatisagent#an-agent-is-an-entity-appointed-by-the-principal-to-represent-and-bind-the-principal), being someone authorized to represent the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney)

This explains why the [law of agency](https://wiki.powersofattorney.com/terms#meaning-of-the-law-of-agency) is a cornerstone of the law governing *Powers of Attorney*.

### Powers

In legal contexts, the notion of a ‘power’ arises for example, with respect to powers of appointment.

A [power of appointment](https://wiki.powersofattorney.com/terms#meaning-of-power-of-appointment) might facilitate:-

- the appointment of an officeholder (such as a power to appoint a trustee in respect of a trust)
- the distribution of income (such as a power to appoint income in respect of a trust) or director, for a trust or corporation)

There are other kinds of powers, such as a [power of revocation](https://wiki.powersofattorney.com/terms#meaning-of-power-of-revocation).

A *Power of Attorney* might incorporate notions of a [power of appointment](https://wiki.powersofattorney.com/terms#meaning-of-power-of-appointment) (*for example, where a* [*protector*](https://wiki.powersofattorney.com/protector#protector-ca-tx-il-pa) *is identified with power to appoint* [*successor agents*](https://wiki.powersofattorney.com/successoragents#a-successor-agent-replaces-an-original-agent-who-is-ineligible)).

A *Power of Attorney* typically incorporates a [power of revocation](https://wiki.powersofattorney.com/terms#meaning-of-power-of-revocation) capable of being exercised by the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney).

Nonetheless, a *Power of Attorney* is a unique legal concept.

## Brief History

*Powers of Attorney* have been used by [legal entities](https://wiki.powersofattorney.com/terms#meaning-of-legal-entity) to appoint another [legal entity](https://wiki.powersofattorney.com/terms#meaning-of-legal-entity) as an [agent](https://wiki.powersofattorney.com/agentswhatisagent#an-agent-is-an-entity-appointed-by-the-principal-to-represent-and-bind-the-principal) throughout [history](https://wiki.powersofattorney.com/historydevbriefhistory#powers-of-attorney-have-a-long-history).[^[2]](https://wiki.powersofattorney.com/aboutpoaimportance#fn2)

The law pertaining to *Powers of Attorney* is continually being refined and developed.

In more recent years:-

- *Powers of Attorney* have begun being used by [commercial entities](https://wiki.powersofattorney.com/terms#meaning-of-commercial-entity) *(i.e. companies, partnerships etc.)*
- [durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#durable-powers-of-attorney) *Powers of Attorney* have become available for use (for [persons](https://wiki.powersofattorney.com/terms#meaning-of-person-ie-natural-person) who need an [agent](https://wiki.powersofattorney.com/agentswhatisagent#an-agent-is-an-entity-appointed-by-the-principal-to-represent-and-bind-the-principal) on terms that do not [terminate](https://wiki.powersofattorney.com/termmng#termination-refers-to-a-power-of-attorney-coming-to-an-end) if the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) loses [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs)
- *Powers of Attorney* have been recognised as a means to appoint an [agent](https://wiki.powersofattorney.com/termshealth#meaning-of-agent) to make [health care decisions](https://wiki.powersofattorney.com/termshealth#meaning-of-health-care-decision)

> **Early History**
> 
> There are records that are 2500 years old from Mesopotamia, evidencing the appointment of a [person](https://wiki.powersofattorney.com/terms#meaning-of-person-ie-natural-person) to handle monies for another person, reflecting the essence of a modern *Power of Attorney*.
> 
> From the 14th century comes the latin maxim “*Qui facit per alium, facit per se*” meaning, “*he who acts through another, acts himself*.
> 
> In 1795, George Washington granted a now famous [*Power of Attorney*](https://digital.library.pitt.edu/islandora/object/pitt:31735066244447) to a trusted friend before leaving Philadelphia.
> 
> Virginia, by a statute enacted in 1954, was the first state to allow a *Power of Attorney* to continue beyond the principal’s incapacity.[^[3]](https://wiki.powersofattorney.com/aboutpoaimportance#fn3)
> 
> ---
> 
> **Californian History**
> 
> In 1976, **California** was the first state in America to recognize the use of *Powers of Attorney* for health care.
> 
> In 1994, a [California Law Revision Commission Report](http://www.clrc.ca.gov/pub/Printed-Reports/Pub181.pdf), led to the enactment of [Division 4.5 of the Probate Code](https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PROB&division=4.5.&title=&part=&chapter=&article=&nodetreepath=6).
> 
> The following extract from the [1994 report](http://www.clrc.ca.gov/pub/Printed-Reports/Pub181.pdf) explains the intended role of the current, [Division 4.5 of the Probate Code](https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PROB&division=4.5.&title=&part=&chapter=&article=&nodetreepath=6) at the time it was written:
> 
> “*The new law… [will] replace the incomplete and disorganized collection of power of attorney statutes currently located with the other agency rules in the Civil Code…*”
> 
> “*The statutes governing powers of attorney are in need of reorganization and revision.*[*^[4]*](https://wiki.powersofattorney.com/aboutpoaimportance#fn4) *Since 1979, several bills have been enacted recognizing general durable powers of attorney and durable powers of attorney for health care, providing statutory forms, specifying a procedure for enforcement of the duties of attorneys-in-fact, and making a number of other changes in the law…*”
> 
> “*…the piecemeal nature of the revisions over the past 12 years has resulted in a disorganized set of statutes… unclear… obscure and incomplete… [providing] little practical guidance…*”
> 
> *“The proposed Power of Attorney Law restructures the Power of Attorney statutes and relocates them as a new Division 4.5 of the Probate Code, starting with Section 4000”.*
> 
> The new [Division 4.5 of the Probate Code](https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PROB&division=4.5.&title=&part=&chapter=&article=&nodetreepath=6) is complimented by [Division 4.7 of the Probate Code](https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PROB&division=4.7.&title=&part=&chapter=&article=&nodetreepath=6) dealing with medical *Powers of Attorney*.
> 
> ---
> 
> **Recent History - Six (6) Greater States**
> 
> In 2006 the Uniform Law Commission released further national [recommendations](https://wiki.powersofattorney.com/historydevbriefhistory#the-national-perspective-is-fluid) focusing upon durable *Powers of Attorney*.
> 
> In 2017 Texas made substantial [changes](http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=85R&Bill=HB1974) to its legislation.
> 
> In December 2020, New York passed [new laws](https://www.nysenate.gov/legislation/bills/2019/a5630) effective 13 June 2021 dealing with *Powers of Attorney*, being the most recent round of substantial amendments made in any of the [Six (6) Greater States](https://wiki.powersofattorney.com/introduction#ca-tx-ny-fl-il-and-pa).

The first recorded *Power of Attorney* was created in Mesopotamia around 2500 years ago, to enable a person as an [agent](https://wiki.powersofattorney.com/agentswhatisagent) to receive a payment due to someone else and pay the monies as directed.

*Powers of Attorney* have been used by generals and presidents, such as George Washington in 1795 when he granted a *Power of Attorney* to facilitate management of his personal affairs during a period of absence from Philadelphia.

The 2010 article [*Power of Attorney: Convenient Contract or Dangerous Document?*](https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1024&context=elders) by Catherine Seal is commended for further reading on the subjects of:-

- the [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) preventing an [agent](https://wiki.powersofattorney.com/agentswhatisagent#an-agent-is-an-entity-appointed-by-the-principal-to-represent-and-bind-the-principal) from acting under a *Power of Attorney* unless the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) has [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs), which was the law prior to the introduction of [durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Power of Attorney*
- the legislative initiative (commenced in 1964) to alter the [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) to permit the [creation](https://wiki.powersofattorney.com/creation/create#terms-like-create-or-make-a-power-of-attorney-have-various-meanings) of [durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney*

The history from 1964 helps to explain why whenever we speak of [durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney:-*

- we are talking about a relatively new invention found only in the words of [legislation](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons)
- this makes the precise words of that [legislation](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons) very important when determining what constitutes a [durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Power of Attorney* and how they work.

> *“…an existing principle… allows the use of a properly executed Power of Attorney in business transactions…"*

>

> Justice Henson (2010) *Texas Bankers Association v Association of Community Organizations for Reform Now (ACORN)* 303 S.W.3d 404, discussed further [here]([https://wiki.powersofattorney.com/en/principal#the-principal-may-be-a-commercial-entity](https://wiki.powersofattorney.com/principal#the-principal-may-be-a-commercial-entity)).

### Refinement Of The Law

200 years ago, [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) principles prevented a *Power of Attorney* from operating at a time that the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) lacked [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs).FNOTE-SEE ARTICLE

Because this was the state of the law, it was necessary for the legislature to intervene and pass [legislation](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons) to overcome these [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) principles, so as to permit the creation of *Powers of Attorney* that can operate at a time that the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) lacked [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs).

**This process began in 1964**, the process commenced of passing [legislation](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons) in each state to overcome the [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) principle that a *Power of Attorney* could not operate if the [principal](https://wiki.powersofattorney.com/principal#the-principal-is-the-entity-that-makes-the-power-of-attorney) lacked [capacity](https://wiki.powersofattorney.com/capacitytexas#capacity-refers-to-ability-to-manage-ones-own-affairs) FNOTE-SEE ARTICLE

Had the **first state in 1964 not passed such** [**legislation**](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons) **and the remainder of the** [**Six (6) Greater States**](https://wiki.powersofattorney.com/introduction#ca-tx-ny-fl-il-and-pa) **not followed suit**, it would still not be possible to create a [durable](https://wiki.powersofattorney.com/typescommonlyusedpersons#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Power of Attorney* in the [Six (6) Greater States](https://wiki.powersofattorney.com/introduction#ca-tx-ny-fl-il-and-pa).

**The process by which each of the** [**Six (6) Greater States**](https://wiki.powersofattorney.com/introduction#ca-tx-ny-fl-il-and-pa) **continue to refine** [**legislation**](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons) **governing** ***Powers of Attorney*** **for** [**persons**](https://wiki.powersofattorney.com/terms#meaning-of-person-ie-natural-person) **is continuing**.

Following the 2006 publication of [new recommendations](https://www.uniformlaws.org/committees/community-home?CommunityKey=b1975254-8370-4a7c-947f-e5af0d6cb07c) by the US Commission on Uniform State Laws (“ULC”):-

- **Texas** revisited its laws in 2018, passing further legislation acknowledged by the ULC as consistent with the ULC’s 2006 recommendations
- **New York** revisited its laws substantially in December 2020, passing new legislation that largely became effective on 13 June 2021
- **Florida** revisited its laws substantially in 2011, passing new legislation
- **Illinois** revisited its laws substantially in 2011, passing new legislation
- **Pennsylvania** revisited its laws substantially in 2014-2016, passing new legislation
- **California** does not appear to have revisited its laws since 2006, although for example, this 2009 [publication](http://www.calbarjournal.com/portals/0/documents/legislation/T&E-2010-09-statutory_form_power_of_attorney.pdf) by the *Trusts & Estates Section* of the *State Bar of California* is interesting

### Implications of The Refinement Process

When we talk about change in the law, it can come about in a two possible ways:-

- where a development justifies new legislation about subject matter in respect of which there is no [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) (for example, cryptocurrencies)
- where a development involves subject matter that is the subject of existing [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) (for example, *Powers of Attorney*)

Where the latter possibility occurs, identifying the law is complicated because the law approaches any issue by **following**:-

- **the** [**legislation**](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons) to the extent it:-

  - overrides any [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) principles; or
  - [codifies](https://wiki.powersofattorney.com/terms#meaning-of-codified) any [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) principles it does not override; **and**

- **the** [**common law**](https://wiki.powersofattorney.com/terms#meaning-of-common-law), to the extent it is not overridden by [legislation](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons)

The only way to avoid this complicated process would be for governments to pass [legislation](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons) that codifies the [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) completely and then prescribe that [legislation](https://wiki.powersofattorney.com/legislation#the-legislation-governs-powers-of-attorney-for-persons) to operate exclusively, without regard to the [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) which is something a government might do in certain situations, not being a situation of the kind involved with *Powers of Attorney*, where the [common law](https://wiki.powersofattorney.com/terms#meaning-of-common-law) is difficult to [codify](https://wiki.powersofattorney.com/terms#meaning-of-codified) in this way.

## *Powers Of Attorney* Continue To Develop

Two major developments have occurred in the United States in the last 50 or so years, being:-

- the introduction of [durable](https://wiki.powersofattorney.com/typesdurablepowerofattorney#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney* for use by persons that may operate when the principal lacks capacity; and
- the introduction of *Medical Powers of Attorney* in some US States.

## Illinois Leads The Way On Recognizing Human Rights

Fundamental human rights are at stake when we consider the terms upon which a person may be entitled to delegate their affairs, being of itself a legal right.

The right ‘*to exercise legal rights without limitation, other than where limitation is necessary to protect the freedoms of others or meet moral or public order objectives*’ is recognized in Article 29 of the *Universal Declaration of Human Rights*.

There are important questions about delegated decision making schemes that inhibit an individual in any manner from structuring their affairs however they see fit.

None of the [Six (6) Greater States](https://wiki.powersofattorney.com/aboutthiswiki#this-wiki-is-for-ca-tx-ny-fl-il-and-pa-the-six-6-states-with-the-largest-populations) have done what Illinois has done in its legislation, being unequivocal recognition of the importance of preserving freedom of choice in the context of *Power of Attorney* arrangements in [§2-1](https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-45-2-1.html) and [§2-4](https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-45-2-4.html):

*"The General Assembly recognizes that each individual has the right to appoint an agent to make property, financial, personal, and health care decisions for the individual but that this right cannot be fully effective unless the principal may empower the agent to act throughout the principal’s lifetime, including during periods of disability, and have confidence that third parties will honor the agent’s authority at all times… (* [§2-1](https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-45-2-1.html))

*The principal may specify in the agency the event or time when the agency will begin and terminate, the mode of revocation or amendment and the rights, powers, duties, limitations, immunities and other terms applicable to the agent and to all persons dealing with the agent, and the provisions of the agency will control notwithstanding this Act…"* ([§2-4](https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-45-2-4.html))

In contrast for examplw, California identifies requirements of its legislation that are unable to be varied (see [§4101](https://codes.findlaw.com/ca/probate-code/prob-sect-4101.html)).

The words “…*the provisions of the agency will control notwithstanding this Act…"* (in Illinois, as cited above) are presumably included to ensure that anyone [creating](https://wiki.powersofattorney.com/creation/create#there-are-three-methods-to-create-a-power-of-attorney) a *Power of Attorney* is as free as possible to structure their *Power of Attorney* affairs as they wish.

## The National Perspective Is Fluid

The law in all of the Six (6l Greater States relating to *Powers of Attorney* continues to be refined by Courts and legislation.

For example:-

- In 2006, the most recent [national code](https://www.uniformlaws.org/committees/community-home?CommunityKey=b1975254-8370-4a7c-947f-e5af0d6cb07c) for *Powers of Attorney* was released by the National Conference of Commissioners on Uniform State Laws (“ULC”) and the [*Third Restatement of the Law of Agency*](https://www.ali.org/publications/show/agency/) was published by the American Law Institute.
- In December 2020 New York passed [legislation](https://www.nysenate.gov/legislation/bills/2019/a5630) that defines various changes to take effect on June 13, 2021 including discontinuance of use of a statutory gifts rider, sanctions for third parties who refuse to accept a *Power of Attorney* and other variations ([A5630](https://www.nysenate.gov/legislation/bills/2019/a5630)).

National uniformity remains a common objective across US States, with continuing initiatives for reform being managed at federal and state level.

Some US States have largely overlooked the [national code](https://www.uniformlaws.org/committees/community-home?CommunityKey=b1975254-8370-4a7c-947f-e5af0d6cb07c), for example:-

- in Louisiana, *Powers of Attorney* are known as ‘mandates’ ([§2989](https://codes.findlaw.com/la/civil-code/la-civ-code-tit-xv-art-2989.html)) and cannot be created for [durable](https://wiki.powersofattorney.com/typesdurablepowerofattorney#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) purposes
- in Arizona and Colorado, legislation remains scant in comparison to the legislation of for example, the [Six (6) Greater States](https://wiki.powersofattorney.com/aboutthiswiki#the-focus-of-this-wiki-is-powers-of-attorney-in-ca-tx-ny-fl-il-and-pa)

In 1993, the most recent [national code](https://www.uniformlaws.org/committees/community-home?CommunityKey=63ac0471-5975-49b0-8a36-6a4d790a4edf) for *Medical Powers of Attorney* was released by the National Conference of Commissioners on Uniform State Laws (“ULC”).

At present, only a handful of US States have adopted the 1993 ULC recommendations.

## State Level Reform Continues

A continual process of reform is occurring at state level.

For example, Texas made a raft of [changes](https://capitol.texas.gov/BillLookup/History.aspx?LegSess=85R&Bill=HB1974) to its laws relating to [durable](https://wiki.powersofattorney.com/typesdurablepowerofattorney#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney* in 2017 and most recently, [new laws](https://www.nysenate.gov/legislation/bills/2019/s3923) were passed in New York relating to *Powers of Attorney* in December 2020, with changes to take effect on 13 June 2021.

Notably, both Texas and New York took up some of the [ULC recommendations](https://www.uniformlaws.org/committees/community-home?CommunityKey=b1975254-8370-4a7c-947f-e5af0d6cb07c), that is substantial aspects of the [national code](https://www.uniformlaws.org/committees/community-home?CommunityKey=b1975254-8370-4a7c-947f-e5af0d6cb07c).

Interestingly and unusually, Texas in 2017, included [§751.003](https://codes.findlaw.com/tx/estates-code/est-sect-751-003.html) which is intended to promote uniformity amongst states, by providing that [Subtitle P](https://law.justia.com/codes/texas/2019/estates-code/title-2/subtitle-p/) which governs [durable](https://wiki.powersofattorney.com/typesdurablepowerofattorney#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney* in Texas:

“*is… to make uniform to the fullest extent possible, the law with respect to the subject of* [*Subtitle P*](https://law.justia.com/codes/texas/2019/estates-code/title-2/subtitle-p/) *amongst states enacting these provisions*.”

## *Powers of Attorney* Are Evolving In A Global Context

Interesting global developments in the last 15 years include, for example:-

- the United Kingdom requiring a [government form](https://wiki.powersofattorney.com/governmentforms#in-four-of-the-six-6-greater-states-a-government-form-exists-ca-tx-ny-il) to be used when creating [durable](https://wiki.powersofattorney.com/typesdurablepowerofattorney#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney* since 2007; and
- the Northern Territory of Australia, where mandatory use of a government form known as an *Advance Personal Plan* is with respect to [commercial](https://wiki.powersofattorney.com/terms#meaning-of-commercial) and [non-commercial](https://wiki.powersofattorney.com/terms#meaning-of-non-commercial) decision making in an estate planning and risk management context operates, introduced in 2013 as part of legislative changes that also prohibited use of [durable](https://wiki.powersofattorney.com/typesdurablepowerofattorney#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney.*

In South Africa for example, the law is yet to recognize a [durable](https://wiki.powersofattorney.com/typesdurablepowerofattorney#a-durable-power-of-attorney-operates-if-the-principal-lacks-or-may-lack-capacity) *Powers of Attorney,* similar to Louisiana.