Also known as: letters of attorney · power of attorney
Written by attorneys · grounded in primary & secondary sources — see below
A written instrument by which a principal grants authority to an agent to perform specified acts on the principal's behalf. The instrument commonly authorizes the agent to execute deeds, manage property, or enter contracts. Authority under the instrument terminates upon the principal's death. A durable instrument survives only the principal's incapacity.
Lance Lee owned a warehouse and executed a letter of attorney naming Lucia Lopez as his agent for all property matters. After Lance died, Lucia signed a deed conveying the warehouse to a buyer. The executor sued to set aside the deed because Lucia's authority had ended.
Logan Lane signed a letter of attorney authorizing Layla Lane to manage his accounts. Logan later became incapacitated. Layla continued to pay bills and renew contracts under the instrument without court intervention.
Lena Lawson granted a letter of attorney to Lily Lopez to handle all business litigation. Lily accepted service of a summons on Lena's behalf and forwarded it promptly. Lena later challenged whether the acceptance bound her to the court's jurisdiction.
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Logan Lane, domiciled in one state, signed a letter of attorney authorizing Lucia Lopez to sell goods in another state. The buyer later claimed the instrument was invalid under the law of Logan's domicile. The court upheld the transaction under the law of the place of performance.
Lance Lee executed a letter of attorney granting Layla Lane authority over health-care decisions. After Lance became incompetent, Layla directed removal of life support. The hospital challenged the directive on state evidentiary grounds.
Lena Lawson granted a letter of attorney to her partner Lily Lopez to manage an apartment lease. After Lena's death the landlord sought to evict Lily. The court examined whether the instrument created protected family status for Lily.
No. Authority granted by a letter of attorney terminates upon the principal's death. Only a durable instrument survives incapacity, not death. An executor or court-appointed representative must then act.
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A letter of attorney is durable when the instrument expressly provides that the agent's authority continues despite the principal's later incapacity. The Uniform Probate Code defines durable in this way. Without that language the authority ends upon incapacity.
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Only an authorized attorney-in-fact may sign a deed on behalf of the principal. The instrument must grant authority to convey real property. Unauthorized execution renders the deed void or voidable.
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A letter of attorney may authorize an agent to exercise powers expressly granted by the trust or will. The instrument must contain specific language permitting amendment, revocation, or distribution. General language is insufficient.
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…method of planning for the future. Several States have recognized the practical wisdom of such a procedure by enacting durable power of attorney statutes that specifically authorize an individual to appoint a surrogate to make medical treatment decisions. Some state courts have suggested that an agent appointed pursuant to a general…