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power of attorney

power of attorney

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Published by georaw9588
Legal research, definition.
Legal research, definition.

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Published by: georaw9588 on Jan 13, 2013
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power of attorney power of attorney. (18c) 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; warrant of attorney. See ATTORNEY (1). [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. PI. powers of attorney. durable power of attorney. (1980) 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 general power of attorney. (18c) A power of attorney that authorizes an agent to transact business for the principal Cf. special power of attorney. [Cases: Principal and Agent <8='97.] irrevocable power of attorney (i-rev-a-k;,-b;,l). (18c) 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 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. (18c) 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. power of revocation (rev-.J-kay-sh;,n). See POWER (3). power of sale. See POWER (3). power-of-sale clause. (1883) A provision in a mortgage or

deed of trust permitting the mortgagee or trustee to sell the property without court authority if the payments are not made. [Cases: Mortgages C':::>21.j power-of-sale foreclosure. See FORECLOSURE. power of termination. (1919) A future interest retained by a grantor after conveying a fee simple subject to a condition subsequent, so that the grantee's estate terminates (upon breach of the condition) only if the grantor exercises the right to retake it. - Also termed right of entry; right of reentry; right of entry for breach of condition; right of entry for condition broken. See fee simple subject to a condition subsequent under FEE SIMPLE. Cf. POSSIBILITY OF REVERTER. [Cases: Deeds l59.]

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