The people

Types Of Officeholders

Officeholders under a Power of Attorney

Updated 28 January 2023 · 4 min read

• Essential officeholders include the principal and agents
• Common officeholders include successor agents and sub-agents
• In some of the Six (6) Greater States the principal may appoint a protector or monitor
• REFERENCES
• California - Texas - New York
• Florida - Illinois - Pennsylvania

Essential Officeholders Include The Principal And Agents

Officeholders under a Power of Attorney include:-

• a principal
• an agent appointed by the principal
• a successor agent who replaces an agent
• a sub-agent appointed by an agent or successor agent
• a protector with authority to "designate" or " appoint" successor agents
• a monitor in New York, with audit powers

The two (2) essential classes of officeholder under a Power of Attorney are:-

• a ‘principal' being a legal entity who is appointing an agent or agents under the Power of Attorney
• an ‘agent’ being a legal entity appointed by the principal to act on their behalf in performing the tasks that the agent is authorized to perform under the Power of Attorney

Common Officeholders Include Successor Agents And Sub-Agents

Non-essential classes of officeholder under a Power of Attorney include:-

• a 'successor agent' being a legal entity appointed to replace an agent who is ineligible (permitted in all of the Six (6) Greater States)
• a ‘sub-agent’ being a legal entity to whom authority is delegated by an agent or successor agent (appointment of a sub-agent is prohibited in Florida¹)

In Some Of The Six (6) Greater States The Principal May Appoint A Protector Or Monitor

There are other classes of non-essential officeholders who may be identified in a Power of Attorney for a person² under the legislation of the Six (6) Greater States, including:-

• a ‘protector' who may designate successor agents in California, Texas, Illinois and appoint successor agents in Pennsylvania
• a monitor in New York, being a person who has authority to request records from an agent and inspect those records

SOME HANDY REFERENCES

These references are to legislation that applies to Powers of Attorney for persons.³

California

In California, the term ‘alternate agent’ appears to be preferred in legislation over the term successor agent (see §4014).

§4205 provides for the appointment of sub-agents to perform “mechanical acts”.

A person may appoint “another person” as a protector including someone identified by office or function: §4203.

Texas

Legislation in respect of durable Powers of Attorney recognizes the right of a principal to appoint agents, successor agents and sub-agents (see §751.031(b)(5) dealing with sub-agents).

Legislation in respect of durable Powers of Attorney recognizes that an “agent” or “person” may be appointed as a protector, including an “agent” or “person” identified by office or function §751.023(b).

New York

In New York, a principal may identify a monitor (§5-1509).

Legislation does not provide for the appointment of a protector.

Legislation does not address the right to appoint a sub-agent directly, although the entitlement to appoint a sub-agent is recognized in the government form (§1513) which offers the principal to tick to accept this statement and insert names:

"..full and unqualified authority to my agent(s) to delegate any or all of the foregoing powers to any person or persons whom my agent(s) select.."

Florida

In Florida, there are exceptionally limited rights to delegate authority under 709.2114(1)(b) and accordingly, the term ‘sub-agent’ may be of little if any relevance.

A protector cannot be appointed.

Illinois

With respect to sub-agents, legislation does not address the right to appoint a sub-agent directly, although the following appears in the government form §3-3 which must be struck out to defeat its effect:-

"If you want to give your agent the right to delegate discretionary decision-making powers to others, you should keep paragraph 4, otherwise it should be struck out.."

The principal may appoint a “person” may as a protector including someone identified by office or function §2-10.3

In Illinois, only one agent may be appointed if a government form is used to create a Power of Attorney (although multiple successor agents may be appointed):§2-10.5

Pennsylvania

Sub-agents may be appointed if authorized in the Power of Attorney: §5601.4 (a)(5).

The principal may appoint an agent or a successor agent as a protector: §5602(b)

§5602 speaks of “the delegation to an original or successor agent of the power to appoint his successor or successors".