Written by attorneys · grounded in primary & secondary sources — see below
A word or phrase that identifies a particular subject matter for which a power of attorney grants general authority by reference. The term incorporates the full statutory description of powers when used in the instrument.
Sources & Authorities· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Restatements
How it applies
Common Examples
6
Power of Attorney Grants Authority
Diane Dawson signs a power of attorney that refers to general authority with respect to the descriptive term for real property transactions. The agent then sells a parcel of land under that authority. The sale is valid because the reference incorporates the full statutory powers listed for that subject.
Regulation Targets Conduct Description
Diane Dawson signs a power of attorney that refers to general authority with respect to the descriptive term for banking transactions. The agent then opens an account and writes checks under that authority. The transactions are valid because the reference incorporates the full statutory powers listed for that subject.
Diane Dawson signs a power of attorney that refers to general authority with respect to the descriptive term for personal and family maintenance. The agent then pays household bills under that authority. The payments are valid because the reference incorporates the full statutory powers listed for that subject.
Matal v. Tam582 U.S. 218 (2017)
Deed Creates Reciprocal Easement
Diane Dawson signs a power of attorney that refers to general authority with respect to the descriptive term for stocks and bonds. The agent then sells securities under that authority. The sale is valid because the reference incorporates the full statutory powers listed for that subject.
Sanborn v. McLean206 N.W. 496
Patent Claim Describes Element
Diane Dawson signs a power of attorney that refers to general authority with respect to the descriptive term for claims and litigation. The agent then settles a lawsuit under that authority. The settlement is valid because the reference incorporates the full statutory powers listed for that subject.
Graham v. John Deere Co. of Kansas City383 U.S. 1, 5 (1966)
Color Mark Held Descriptive
Diane Dawson signs a power of attorney that refers to general authority with respect to the descriptive term for retirement plans. The agent then makes contributions under that authority. The contributions are valid because the reference incorporates the full statutory powers listed for that subject.
Qualitex Co. v. Jacobson Products Co.514 U.S. 159 (1995)
Common questions
Frequently Asked
1
When does a reference to a descriptive term in a power of attorney grant full statutory authority?+
A reference to a descriptive term grants the agent the entire authority described in the cited statutory section. The power of attorney need not restate every power verbatim.
Supporting sources
582 U.S. 218 (2017)Trademark Law
…that bar certain trademarks from the principal register. For example, a trademark cannot be registered if it is “merely descriptive or deceptively misdescriptive” of goods, §1052(e)(1), or if it is so similar to an already registered trademark or trade name that it is “likely . . . to cause confusion, or to cause…