the agent is what in the power of attorney ?

by Prof. Jennings Von 6 min read

Power of Attorney, or “POA

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Poa is a genus of about 500 species of grasses, native to the temperate regions of both hemispheres. Common names include meadow-grass, bluegrass, tussock, and speargrass. Poa is Greek for "fodder". Poa are members of the subfamily Pooideae of the family Poaceae.

,” refers to a legal document that grants one person the authority to act on behalf of another person. The person granted the authority is referred to as the agent, or the attorney in fact. The person on whose behalf the agent may act is known as the principal.

The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power.

Full Answer

How does an agent use a power of attorney?

Agent The person designated to be the agent assumes certain responsibilities. First and foremost, the agent is obligated to act in the principal’s best interest. The agent must always follow the principal’s directions. Agents are “fiduciaries,” which means that the agent must act with the highest degree of good faith in behalf of their principals.

What are the duties of an agent under a power of attorney?

Mar 17, 2022 · What Is the Agent of a Power of Attorney Responsible For? The agent or attorney-in-fact is a fiduciary. That means they are responsible for managing some or all of another person's affairs. The fiduciary must act responsibly and practically and in a way that is fair to the person whose affairs they are managing.

Who is the agent in a power of attorney?

Jun 05, 2019 · A power of attorney could theoretically waive this obligation, but it is difficult to imagine why an agent would choose to. Finally, an agent under a power of attorney has the duty to cooperate with a person who has the authority to make health-care decisions on the principal’s behalf in order to carry out the principal’s reasonable ...

What can a power of attorney agent do?

Dec 16, 2021 · Power of attorney is a legal document that states an individual or entity has the right to act on the behalf of another person in legal or financial matters. The principal (person granting power of attorney) signs the document, and explicitly grants the agent (individual/entity being granted the power of attorney) the right to act on their behalf.

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What type of agent has power of attorney?

An agent may have access to your bank accounts, the power to make gifts and transfer your funds, and the ability to sell your property. Your agent can be any competent adult, including a professional such as an attorney, accountant, or banker.

What does successor agent mean?

A successor agent is the person named to serve as a backup agent if the first person named as agent cannot serve due to death, incapacity, resignation or refusal to act. If a named individual is unable or unwilling to serve as agent, the next person in line under the document becomes the agent.

What qualities should you look for when appointing someone as an agent via a power of attorney and or a durable power of attorney?

Since your power of attorney potentially will be handling your legal and financial affairs, you'll want to choose someone who either has some experience in these fields or has the personality and financial savvy to handle the decisions that may fall to him or her.Aug 10, 2020

What is a successor attorney?

Successor attorney A person appointed by the donor to be their attorney if a previous attorney's appointment ends. Suspend The donor of an EPA who was, but is no longer, mentally incapable may suspend the attorney's authority to act by giving written notice to the attorney.

What is a gratuitous agent?

An agent who receives no compensation for services. Real estate agents typically work on a payment basis contingent on selling a property. Even though unpaid, the agent still owes full fiduciary or statutory duties to the principal.Nov 30, 2018

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Can a power of attorney transfer money to themselves?

Attorneys can even make payments to themselves. However, as with all other payments they must be in the best interests of the donor. This can be difficult to determine and may cause a conflict of interests between the interests of an Attorney and the best interests of their donor.

Who makes medical decisions if there is no power of attorney?

The legal right to make care decisions for you If you have not given someone authority to make decisions under a power of attorney, then decisions about your health, care and living arrangements will be made by your care professional, the doctor or social worker who is in charge of your treatment or care.Mar 30, 2020

When should a power of attorney be considered?

A power of attorney should be considered when planning for long-term care. There are different types of POAs that fall under either a general power of attorney or limited power of attorney . A general power of attorney acts on behalf of the principal in any and all matters, as allowed by the state.

Why does a power of attorney end?

A power of attorney can end for a number of reasons, such as when the principal dies, the principal revokes it, a court invalidates it, the principal divorces their spouse, who happens to be the agent, or the agent can no longer carry out the outlined responsibilities. Conventional POAs lapse when the creator becomes incapacitated.

What is Durable POA?

A “durable” POA remains in force to enable the agent to manage the creator’s affairs, and a “springing” POA comes into effect only if and when the creator of the POA becomes incapacitated. A medical or healthcare POA enables an agent to make medical decisions on behalf of an incapacitated person.

Why do parents need POAs?

Ask parents to create POAs for the sake of everyone in the family—including the children and grandchildren— who may be harmed by the complications and costs that result if a parent is incapacitated without a durable POA in place to manage the parent’s affairs.

What is the name of the person who gives the POA?

The term for the person granting the POA is the "principal." The individual who receives the power of attorney is called either the "agent" or the "attorney-in-fact." Check whether your state requires that you use specific terminology.

What is a limited power of attorney?

A limited power of attorney gives the agent the power to act on behalf of the principal in specific matters or events. For example, the limited POA may explicitly state that the agent is only allowed to manage the principal's retirement accounts.

How to start a power of attorney?

A better way to start the process of establishing a power of attorney is by locating an attorney who specializes in family law in your state. If attorney's fees are more than you can afford, legal services offices staffed with credentialed attorneys exist in virtually every part of the United States.

What is a power of attorney?

A power of attorney is a document that lets you name someone to make decisions on your behalf. This appointment can take effect immediately if you become unable to make those decisions on your own.

What is a power of attorney for health care?

A health care power of attorney grants your agent authority to make medical decisions for you if you are unconscious, mentally incompetent, or otherwise unable to make decisions on your own. While not the same thing as a living will, many states allow you to include your preference about being kept on life support.

What is a POA?

A power of attorney (POA) is a document that allows you to appoint a person or organization to manage your property, financial, or medical affairs if you become unable to do so.

What to do if your power of attorney is not able to determine mental competency?

If you think your mental capability may be questioned, have a doctor verify it in writing. If your power of attorney doesn't specify requirements for determining mental competency, your agent will still need a written doctor's confirmation of your incompetence in order to do business on your behalf. A court may even be required to decide the ...

Why do you need multiple agents?

Multiple agents can ensure more sound decisions, acting as checks and balances against one another. The downside is that multiple agents can disagree and one person's schedule can potentially delay important transactions or signings of legal documents. If you appoint only one agent, have a backup.

What is the best way to choose a power of attorney?

Trust is a key factor when choosing an agent for your power of attorney. Whether the agent selected is a friend, relative, organization, or attorney, you need someone who will look out for your best interests, respect your wishes, and won't abuse the powers granted to him or her. It is important for an agent to keep accurate records ...

What powers can an agent exercise?

You can specify exactly what powers an agent may exercise by signing a special power of attorney. This is often used when one cannot handle certain affairs due to other commitments or health reasons. Selling property (personal and real), managing real estate, collecting debts, and handling business transactions are some ...

What are the duties of an agent?

Other Duties of an Agent. An agent must also do certain other things, unless otherwise provided in the power of attorney. These duties include acting loyally for the principal’s benefit (and it is hard to imagine a power of attorney that would encourage the agent to do otherwise). An agent must also act so as not to create a conflict ...

Why do agents have to act?

An agent must also act so as not to create a conflict of interest that impairs his or her ability to act impartially in the principal’s best interest. For instance, investing some of the principal’s money in a business venture of the agent could create a conflict of interest.

What is the duty of an agent to act in accordance with the reasonable expectations of the principal?

First and foremost, the agent must act in accordance with the reasonable expectations of the principal (the person who granted the power of attorney) to the extent that these expectations are actually known . If the agent doesn’t know the principal’s specific expectations, he or she is committed to act in the principal’s best interests.

Why would an agent be reluctant to divest the principal's money from the project?

The agent might be reluctant to divest the principal’s money from the project even if that were best for the principal, because doing so might create a loss for the agent. A principal could conceivably decide to waive this obligation, especially if the agent were an adult child or other close relative.

What are the powers of a trust?

These "hot powers include the ability to: 1 Create a trust or amend an existing trust; 2 Make gifts; 3 Change existing rights of survivorship, or create new ones, for certain types of assets; 4 Change beneficiary designations on assets; 5 Delegate his or her duties and powers as agent to another person; and 6 Waive the rights of a beneficiary under certain types of retirement plans and annuities.

What does it mean when an agent doesn't know the principal's expectations?

If the agent doesn’t know the principal’s specific expectations, he or she is committed to act in the principal’s best interests. An agent must also act in good faith. This means to act reasonably and honestly, with a reasonable basis for any actions taken. Likewise, an agent must only act within his or her scope of authority.

What are the factors that determine if actions are consistent with the principal's best interest?

Whether actions are consistent with the principal’s best interest is based on all relevant factors, which include the value and nature of the property; the principal’s foreseeable obligations and need for maintenance; minimization of taxes; and eligibility for public benefits.

What is Power of Attorney?

Power of attorney is a legal document that states an individual or entity has the right to act on the behalf of another person in legal or financial matters. The principal (person granting power of attorney) signs the document, and explicitly grants the agent (individual/entity being granted the power of attorney) the right to act on their behalf.

Why do Surety Bonds Require Power of Attorney?

The power of attorney verifies the individual signing the bond is an appointed representative of the surety company and provides the obligee with confirmation that the surety company will assume full liability for all valid bond claims.

Why Do Your Customers Need to Submit Power of Attorney Forms?

Your customers must submit a power of attorney form with their bond to confirm with the obligee that the bond is valid. Obligees typically understand how surety bonds work, after all, they’re the ones requiring them in the first place.

Do Your Customers Have any Additional Responsibilities Regarding Power of Attorney?

No, your customers’ only responsibility is ensuring that they submit the power of attorney form to the obligee along with their bond.

How Can an Insurance Agent Obtain a Surety Bond?

BondExchange makes obtaining surety bonds easy. Simply log in to your account and use our keyword search to find your bond in our database. Don’t have a login? Enroll now and let us help you satisfy your customers’ needs.

What is a financial power of attorney?

There are two basic types of powers of attorney: one that grants your agent authority in financial matters and one that grants authority in medical situations. With regard to financial authority, it can be either durable or nondurable.

What is POA in law?

A POA allows you to appoint someone to make decisions and act on your behalf, generally in the context of financial or medical matters. The person bestowing the authority is the principal, and the person appointed to act is the agent, sometimes called the attorney-in-fact.

What is a medical POA?

A medical POA designates an agent to make medical decisions for you should you become unable to make them for yourself. This is often part of an estate plan, in conjunction with a living will or advanced directive.

What is the authority of a financial agent?

The authority over financial decisions can be general or specific. Specific authority gives your agent the power to act for you in a certain situation or for a particular transaction. For example, you may need to appoint an agent to sign documents for you at a real estate closing if you can't be there yourself.

When does a nondurable POA expire?

A nondurable one expires once you become incapacitated. You can also choose to have the authority take effect at a specific point in the future (referred to as a springing POA), after a doctor has declared you unable to make your own decisions. The authority over financial decisions can be general or specific.

Can you create a POA with your signature?

Consequently, you can create a valid POA with your signature alone, and your agent can add their signature in the future. In all states, the principal must sign the document and have it notarized.

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