1. An instrument granting someone authority to act as agent or attorney-in-fact for the grantor. • An ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal.
— Also termed letter of attorney. [Cases: Principal and Agent 51.]
2. The authority so granted; specif., the legal ability to produce a change in legal relations by doing whatever acts are authorized. Pl. powers of attorney. See ATTORNEY(1).
durable power of attorney. A power of attorney that remains in effect during the grantor’s incompetency. • Such instruments commonly allow an agent to make healthcare decisions for a patient who has become incompetent. [Cases: Principal and Agent 51.]
general power of attorney. A power of attorney that authorizes an agent to transact business for the principal. Cf. special power of attorney. [Cases: Principal and Agent 97. C.J.S. Agency §§ 150–152.]
irrevocable power of attorney (i-rev-[schwa]-k[schwa]-b[schwa]l). A power of attorney that the principal cannot revoke.
— Also termed power of attorney coupled with an interest. See power coupled with an interest under POWER(3). [Cases: Principal and Agent 37.]
power of attorney coupled with an interest. See irrevocable power of attorney.
power of attorney for healthcare. See ADVANCE DIRECTIVE(1).
special power of attorney. A power of attorney that limits the agent’s authority to only a specified matter. Cf. general power of attorney.
springing power of attorney. A power of attorney that becomes effective only when needed, at some future date or upon some future occurrence, usu. upon the principal’s incapacity.
— Also termed springing durable power of attorney. See durable power of attorney; ADVANCE DIRECTIVE.
