power of attorney

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Related to power of attorney: Enduring Power of Attorney

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.


power of attorney

An instrument authorizing another to act as one’s agent. Also See attorney-in-fact.
References in periodicals archive ?
The ombudsman service said that, in some cases, bank staff have insisted on original copies of documents - only to lose them or not record the power of attorney properly on the computer.
Often people say that they don't need to set up a Power of Attorney because they are still fit and healthy, and there is no need.
26) An expanded definition of "financial institution[s]" is enumerated in the updated law, and requires such institutions to accept a validly executed power of attorney.
How do I make a power of attorney according to Turkish Law?
The ADJD introduced such a facility after the department noticed that some people authorised others with their power of attorney for a certain legal issue and forgot to revoke it later -- in most cases because of inadvertence -- which may render the party who issued such a power of attorney document compromise on the misuse and manipulation by the other deputised party.
Kochery recalled another case where immediate kith and kin of an employee of an Indian company in Doha were fooled by someone who reportedly took away the compensation awarded by a local court, reportedly using a power of attorney that he made the local authorities believe was obtained from the relatives of the deceased in Maharashtra.
According to Ms Fisher, arranging a Lasting Power of Attorney (LPOA) is as important as writing a will.
A solution is to consider making a Lasting Power of Attorney while we're in good health so that it is in place if needed in the future.
Wondering if they'd missed either an important amendment to the Power of Attorney Act, 755 ILCS 45/1-1 et seq, or an announcement from the Department of Public Health, and concerned about the instruments they'd prepared for their clients, members posted a flurry of queries and comments to ISBA's online transactional discussion group.
According the Civil Code of Lithuania, as mentioned above, the form of this power of attorney is governed by the law of that particular state in the territory of which it is issued.
They say securing a lasting power of attorney would help families to avoid heartbreaking battles with social services.