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 ?
(25) Upon review, the instant court held that if a durable power of attorney explicitly provides that the agent's authority does not take effect until a physician conclusively determines incapacitation, and if the individual dies in a manner that is not preceded by a documented period of incapacity, the requisite condition precedent remains unsatisfied, and the agent's authority under the durable power of attorney does not go into effect.
Type of power to be given (e.g., general durable power of attorney or special durable power of attorney).
You may want to talk with a lawyer about setting up a general power of attorney, durable power of attorney, joint account, trust, or advance directive.
Further, the court ascertained that the passage of the Uniform Durable Power of Attorney Act (UDPAA) by the Tennessee legislature, which grants individuals the authority to assign a power of attorney that remains enforceable during any period of disability or incapacity, was not intended to override the protections afforded to persons with disabilities under the statute of limitations tolling provision.
The definition of a durable power of attorney, according to the Uniform Probate Code, is:
Proxy directives are a "Durable Power of Attorney" that the patient uses to stipulate a surrogate who will make decisions on his behalf, should the patient be unable to do so.
To grant privileges like birth certificates to people who aren't in that relationship is doublespeak; we have to be consistent." Yet Balkman also claims that all the rights "so-called parents" have when their adoptions are recognized can be obtained through other means, such as by obtaining durable power of attorney for the second parent.
Of the final point, Crow says, "Legal documents include a current will which accounts for and addresses how all of your property is to be divided, a living will which addresses end-of-life/heroic means of sustaining life, and a durable power of attorney to ensure that your legal matters are carried out based on your wishes."
A dark cloud lifted when another colleague pointed out, "albeit tragic, this case is the best commercial for getting a Durable Power of Attorney for Healthcare that you could imagine." The opportunity to break the silence and seize the moment is irresistible.
Despite the article in CLINICAL PSYCHIATRY NEWS, there is a growing body of evidence that the presence of a durable power of attorney for health care, or advance directive, is in the best interest of optimal care ("Advance Directives May Undermine Good Care," June 2004, p.
You cannot damn the living will without also damning the durable power of attorney, although the reverse is not always true.