Agency

Power of attorney

The written instrument creating authority to act for another person

It names the person authorized, states the scope of what they may do, and ends when it says it ends — or earlier, when the principal revokes it or dies. One drafted to survive the principal’s incapacity is called durable; an ordinary one is not.

What a power of attorney must contain to be valid, and whether it must be recorded before it can support a conveyance, are set by state law.

How the exam asks about it

Scope and termination are the two examinable points. Death of the principal ends the agency at once, and an act after that is unauthorized however sincere the agent was.

Quick check: Power of attorney

One question. Pick an answer to see the explanation.

Which term is being defined: “The written instrument creating authority to act for another person”?

Related terms

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