{"id":14424,"date":"2018-02-21T01:38:56","date_gmt":"2018-02-21T01:38:56","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14424"},"modified":"2018-02-21T06:32:04","modified_gmt":"2018-02-21T06:32:04","slug":"power-of-attorney","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14424","title":{"rendered":"power of attorney – an instrument granting someone authority to act as agent or attorney-in-fact for the grantor, thus creating an agency relationship"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Getting Started<\/a> >>>> Representing Yourself \u201cPro Se\u201d and Assisting Others as a Non-Lawyer<\/a> >>>> Lawyer? Attorney? Counselor? What\u2019s the Difference?<\/em><\/a> >>>> Attorney<\/a>:
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power of attorney<\/span>:<\/span><\/strong>
\n(18c)<\/span><\/p>\n

1. An instrument<\/a> granting someone authority to act as agent or attorney-in-fact<\/a> for the grantor.\u00a0 *\u00a0 An ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal<\/a>. <\/strong>\u2014 aka letter of attorney<\/span><\/strong><\/em>, warrant of attorney<\/span><\/strong><\/em>.<\/span><\/p>\n

2. The authority so granted; specifically, the legal ability to produce a change in legal relations by doing whatever acts are authorized.<\/strong> \u2014 Abbr. POA<\/strong><\/em><\/span>. Pl. powers of<\/strong><\/em><\/span>\u00a0attorney<\/strong><\/em><\/span>. [1]
\n<\/span><\/span><\/p>\n

1. A written instrument<\/a>, known as a power of attorney, letter of attorney, or warrant of attorney. People v Smith<\/em>, 112 Mich 192, 70 NW 466<\/span>, by which one person, as principal<\/a>, 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<\/a>. Arcweld Mfg. Co. v Burney<\/em>, 12 Wash 2d 212, 121, P2d 350<\/span>.<\/span><\/strong><\/p>\n

A written instrument<\/a> authorizing an attorney at law<\/a> to appear in an action on behalf of the maker or to confess judgment against him. Treat v Tolman<\/em> (CA2 NY) 113 F 892<\/span>.<\/span><\/strong><\/p>\n

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 \u00a7 23<\/span>.<\/span><\/strong><\/p>\n

A power of attorney creates an agency relationship<\/a>, with the giver of the power remaining the legal owner of any property involved. Smith v United States<\/em> (DC Hawaii) 113 F Supp 702<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A written instrument<\/a> by which a person appoints another as his agent or\u00a0attorney-in-fact<\/a> and confers upon her the authority to perform certain acts.\u00a0 A power of attorney may be “full” (a general power of attorney) or “limited” (a special power of attorney).\u00a0 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<\/span><\/strong>.<\/strong> [3]<\/span><\/p>\n

\n

durable power of attorney<\/span> –<\/strong> (1980) 1.<\/strong> A power of attorney that remains in effect during the grantor\u2019s incompetency.\u00a0 *\u00a0 Such instruments<\/a> commonly allow an agent to <\/strong><\/span>make healthcare decisions for a patient who has become incompetent. <\/span><\/strong>[1]\u00a0 1. A power of attorney that remains effective even though the grantor becomes mentally incapacitated.\u00a0 Some durable powers of attorney become effective only <\/em>when a person is no longer able to make decisions for herself.\u00a0 EXAMPLES: A healthcare proxy; a living will.<\/strong>
\nSee advance directive<\/em>.
\nSee also mental disability<\/em>; mental incapacity<\/em>. [3]
\n<\/span><\/p>\n

general power of attorney<\/span> –<\/strong> ( 18c) A power of attorney that authorizes an agent to transact business for the principal<\/a>.<\/strong>\u00a0 Cf. special power of attorney.<\/span><\/p>\n

irrevocable power of attorney<\/span> –<\/strong> (18c) A power of attorney that the principal cannot revoke.<\/strong>\u2014 aka power of attorney coupled with an interest<\/span><\/strong><\/em>.\u00a0 See power coupled with an interest<\/em> under POWER (3).<\/span><\/p>\n

power of attorney for healthcare<\/span> –<\/strong> See ADVANCE DIRECTIVE (1).<\/span><\/p>\n

special power of attorney<\/span> –<\/strong> (18c) A power of attorney that limits the agent\u2019s authority to only a specified matter.<\/strong> [1]\u00a0 1. A power couched in specific rather than general terms, as a power to sell, not any land owned by the principal<\/a>, but specified land of the principal<\/a>; 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<\/em>, 106 Ala 159, 19 So 59<\/span>.<\/strong> [2]
\n<\/span><\/p>\n

springing power of attorney<\/span> –<\/strong> (1980) A power of attorney that becomes effective only when needed, at some future date or upon some future occurrence, usually upon the principal<\/a> \u2019s incapacity.<\/strong> \u2014 aka springing durable power of attorney<\/span><\/strong><\/em>.\u00a0 See durable power of attorney<\/em>; ADVANCE DIRECTIVE. [1]
\n<\/span><\/p>\n

power of attorney to confess judgment<\/span> – A power or warrant of attorney confers the authority to confess judgment against the grantor of the power upon an instrument<\/a> evidencing an obligation. 30A Am J Rev ed Judg \u00a7 170<\/span>.<\/strong> [2]<\/span><\/p>\n

Learn more here at the Sacramento County Public Law Library website:<\/span>\u00a0 <\/span><\/strong>https:\/\/saclaw.org\/wp-content\/uploads\/lrg-power-of-attorney.pdf<\/span><\/strong><\/a><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition<\/a>\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/a><\/em>Third Edition<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

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