Authorization, by a written document, that one individual may act in another’s place as agent or attorney-in-fact with respect to some or all legal and financial matters. The scope of authority granted is specified in the document and may be limited by statute in some states. A power of attorney terminates on the death of the person granting the power (unless “coupled with an interest”) and may terminate on the subsequent disability of the person granting the power (unless the power is “durable” under the instrument or state law).Under Pennsylvania law, a Power of attorney is durable unless it specifically states otherwise. It may also be a springing power of attorney if so provided.
The examples and perspective in this article deal primarily with the United States and English-speaking world and do not represent a worldwide view of the subject. (April 2022) |
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent, attorney, or in some common law jurisdictions, the attorney-in-fact.
Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor.
English
Etymology
From attorney (“any personal representative”). Attorney now rarely has that sense outside of fixed expressions like this one.
Pronunciation
- IPA(key): /ˌpaʊə(r) əv əˈtɜː(r)niː/
