power of attorney

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Related to Durable power of attorney: Durable Power of Attorney for Health Care

power of attorney

1. legal authority to act for another person in certain specified matters
2. the document conferring such authority

Power of Attorney

 

written authorization given by one person (principal) to another person (agent, representative) to represent the first person before third parties. A power of attorney is a unilateral contract which fixes the content and limits of the agent’s authority. The agent’s actions based on the power of attorney create rights and duties directly for the principal. Three types of power of attorney are distinguished on the basis of the scope of the authority: special—for the performance of one concrete action (for example, to receive wages); limited—to perform some one type of action (for example, power of attorney to an enterprise’s legal counsel for actions in the court of arbitration); general—for general administration of the principal’s property.

According to Soviet law the forms and procedures for carrying out power of attorney, its duration, and the manner of termination are regulated by the civil codes of the Union republics. For example, article 67 of the Civil Code of the RSFSR sets a maximum term of duration of three years for power of attorney; if the duration is not indicated in the power of attorney itself, power of attorney remains in effect for one year from the day on which it was given. Power of attorney which does not indicate the date on which it was given is invalid.

For certain types of power of attorney (for example, power of attorney to enter into transactions which require notarial forms) the law envisions compulsory notarial certification. Power of attorney in the name of a state organization is issued over the signature of its manager, together with the seal of this organization.

The person to whom power of attorney is given must personally carry out those actions for which he has been given authority; transfer of the power of attorney is permitted only if this right is stipulated in the power of attorney or if the transfer is necessary to protect the interests of the principal. The effect of the power of attorney terminates as a result of expiration of its term, revocation of the power of attorney by the principal, renunciation by the agent, termination of the legal person in whose name the power of attorney has been given, death of the principal or agent, and a declaration that either of them does not have the capacity to perform legal acts, that is he is limited in his capacity to perform legal acts, or that he is a missing person.

N. I. TATISHCHEVA

power of attorney

An instrument authorizing another to act as one’s agent. Also See attorney-in-fact.
References in periodicals archive ?
08(1) provides that a durable power of attorney "must be in writing, must be executed with the same formalities required for the conveyance of real property by Florida law, and must contain the words: 'This durable power of attorney is not affected by the subsequent incapacity of the principal except as provided in [section] 709.
5/25/01, failure to explicitly mention a specific power in the durable power of attorney document can prove fatal.
This issue is especially important if a client has a springing power of attorney or a durable power of attorney for health care.
THE ADVICE: Draft and execute a will, revocable living trust, and durable power of attorney for healthcare.
Nichols's parents, who did not approve of the men's relationship, wanted to hook him up to a machine to prolong his life, but he had drawn up a durable power of attorney and a living will.
In other cases authorities found that he had delayed seeking a consultation with a cardiologist, failed to record conversations with a pharmacist about an adjustment to the dosage or a drug, engaged in substandard record keeping, recommended the use of a drug with which other physicians disagreed, upset a patient's spouse by telling her that she would be killing her husband by having a medical tube removed, despite her express desire that her spouse receive only hospice service, failed to record in a timely manner a family's desire to end treatment, notwithstanding the family's possession of a durable power of attorney for heath care decisions executed by the patient.
On a recent admission, her daughter--appointed as her attorney-in-fact through a durable power of attorney for health care--authorized a do-not-resuscitate (DNR) order, stating that this would be what she would want if she were able to speak for herself.
A durable power of attorney for health care (which is also sometimes called a "health care proxy") empowers another person to make medical decisions about your care in the event you become unable to make these decisions for yourself.
Such an answer is not entirely correct; the complete correct response is an attorney-in-fact has the authority to perform every act authorized and specifically enumerated in the durable power of attorney except when such acts are limited by either F.
However, I must note that there are two basic forms of advance directive: the durable power of attorney, or health care proxy, where the patient names another person to make decisions about treatment in the event of incompetence; and the living will, where the patient makes advance decisions about particular treatments they want or do not want.
When placing information in the fridge, many people also include documents such as a durable power of attorney or a pre-hospital "do not resuscitate" form or advance directives to clarify their wishes for treatment under certain conditions.
People should be educated about the durable power of attorney.