Uniform Power of Attorney Act

The Uniform Power of Attorney Act (2006) (UPOAA) was a law proposed by the National Conference of Commissioners on Uniform State Laws (ULC) to create a uniform framework for power of attorney provisions throughout the United States.[1]

Wills, trusts
and estates
Part of the common law series
Wills

Sections

Contest

Property disposition
Trusts

Common types

Other types

  • Life interest
  • Reversionary interest

Governing doctrines
Estate administration
Related topics
Other common law areas

History

Historically, issues surrounding powers of attorney were based on the common law concept of agency. However, as states began enacting varying statutes to create a statutory framework for the durable powers of attorney, variations from state to state prompted support for a uniform law.[2]

In 1969, the ULC promulgated the Uniform Probate Code, which created a basis for a national framework for powers of attorney. However, since a normal power of attorney ends once its purpose has been fulfilled or the principle is incapacitated, states made a distinction between this normal power of attorney and a durable power of attorney, which "remains in effect even when the principal becomes incapacitated."[3] This prompted to ULC to create a uniform law regarding Durable Power of Attorney, which superseded the original Uniform Probate Code.[4]

Act

The UPOAA was designed to correct shortcomings of both the Uniform Probate Code and the Durable Power of Attorney by superseding them both. It consisted of four distinct articles:[5]

  1. The general rules governing the "creation and use" of power of attorney
  2. The definitions used by the UPOAA
  3. An optional form for use in granting power of attorney
  4. Other miscellaneous provisions regarding the UPOAA and other power of attorney laws

Adoption

The ULC officially approved of the UPOAA and recommend that states adopt it in 2006.[6]

As of 2019, 26 states have adopted and enacted the UPOAA.[7]

See also

References
  1. Hook, Andrew H.; Johnson, Lisa V. (2010). "THE UNIFORM POWER OF ATTORNEY ACT". Real Property, Trust and Estate Law Journal. 45 (2): 283–318. ISSN 2159-4538.
  2. Hook, Andrew; Johnson, Lisa (Summer 2010). "The Uniform Power of Attorney Act". Real Property, Trust and Estate Law Journal. 45: 283–318 – via Hein Online Law Journal Library.
  3. Alegant, Brian (1999). "When Even Becomes Odd: A Partitional Approach to Inversion". Journal of Music Theory. 43 (2): 193–230. doi:10.2307/3090660. ISSN 0022-2909. JSTOR 3090660.
  4. "Durable Power of Attorney Summary". Archived from the original on 11 September 2018. Retrieved 11 September 2018.
  5. "Power of Attorney Summary". Archived from the original on 11 September 2018. Retrieved 11 September 2018.
  6. "State Regulation and the New Uniform Power of Attorney Act - PLG Nursing Home Abuse & Neglect Personal Injury Attorney Los Angeles". PLG Nursing Home Abuse & Neglect Personal Injury Attorney Los Angeles. 26 January 2013. Retrieved 11 September 2018.
  7. "Power of Attorney Act". Retrieved 3 February 2020.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.