power of attorney – an instrument granting someone authority to act as agent or attorney-in-fact for the grantor, thus creating an agency relationship

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power of attorney:

1. An instrument granting someone authority to act as agent or attorney-in-fact for the grantor.  *  An ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal. — aka letter of attorney, warrant of attorney.

2. The authority so granted; specifically, the legal ability to produce a change in legal relations by doing whatever acts are authorized. — Abbr. POA. Pl. powers of attorney. [1]

1. A written instrument, known as a power of attorney, letter of attorney, or warrant of attorney. People v Smith, 112 Mich 192, 70 NW 466, by which one person, as principal, appoints another as his agent and confers upon him the authority to perform certain specified acts or kinds of acts on behalf of the principal. Arcweld Mfg. Co. v Burney, 12 Wash 2d 212, 121, P2d 350.

A written instrument authorizing an attorney at law to appear in an action on behalf of the maker or to confess judgment against him. Treat v Tolman (CA2 NY) 113 F 892.

A power of attorney may be general, as where it confers authority to sell property without specification of particular property, or special, as where it authorizes a sale to a particular person. 3 Am J2d Ag § 23.

A power of attorney creates an agency relationship, with the giver of the power remaining the legal owner of any property involved. Smith v United States (DC Hawaii) 113 F Supp 702. [2]

1. A written instrument by which a person appoints another as his agent or attorney-in-fact and confers upon her the authority to perform certain acts.  A power of attorney may be “full” (a general power of attorney) or “limited” (a special power of attorney).  The power to sell property without specifying which property, or to whom, is an EXAMPLE OF a general power of attorney; the power to sell a particular piece of property to a particular person is an EXAMPLE of a special power of attorney. [3]

durable power of attorney (1980) 1. A power of attorney that remains in effect during the grantor’s incompetency.  *  Such instruments commonly allow an agent to make healthcare decisions for a patient who has become incompetent. [1]  1. A power of attorney that remains effective even though the grantor becomes mentally incapacitated.  Some durable powers of attorney become effective only when a person is no longer able to make decisions for herself.  EXAMPLES: A healthcare proxy; a living will.
See advance directive.
See also mental disability; mental incapacity. [3]

general power of attorney ( 18c) A power of attorney that authorizes an agent to transact business for the principal.  Cf. special power of attorney.

irrevocable power of attorney (18c) A power of attorney that the principal cannot revoke.— aka power of attorney coupled with an interest.  See power coupled with an interest under POWER (3).

power of attorney for healthcare See ADVANCE DIRECTIVE (1).

special power of attorney (18c) A power of attorney that limits the agent’s authority to only a specified matter. [1]  1. A power couched in specific rather than general terms, as a power to sell, not any land owned by the principal, but specified land of the principal; a power to sell to a particular purchaser, not any purchaser; or a power to sell on specified terms, not on any terms. White v Breen, 106 Ala 159, 19 So 59. [2]

springing power of attorney (1980) A power of attorney that becomes effective only when needed, at some future date or upon some future occurrence, usually upon the principal ’s incapacity. — aka springing durable power of attorney.  See durable power of attorney; ADVANCE DIRECTIVE. [1]

power of attorney to confess judgment – A power or warrant of attorney confers the authority to confess judgment against the grantor of the power upon an instrument evidencing an obligation. 30A Am J Rev ed Judg § 170. [2]

Learn more here at the Sacramento County Public Law Library website:  https://saclaw.org/wp-content/uploads/lrg-power-of-attorney.pdf


Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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