Uniform Power of Attorney Act
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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]
History
[edit]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 principal 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becomes incapacitated."[3] This prompted to ULC to create a uniform law regarding Durable Power of Attorney, which superseded the original Uniform Probate Code.[4]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
[edit]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]
- The general rules governing the "creation and use" of power of attorney
- The definitions used by the UPOAA
- An optional form for use in granting power of attorney
- Other miscellaneous provisions regarding the UPOAA and other power of attorney laws
Adoption
[edit]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
[edit]References
[edit]- ^ 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. JSTOR 20785703.
- ^ 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.
- ^ 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.
- ^ "Durable Power of Attorney Summary". Archived from the original on 11 September 2018. Retrieved 11 September 2018.
- ^ "Power of Attorney Summary". Archived from the original on 11 September 2018. Retrieved 11 September 2018.
- ^ "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.
- ^ "Power of Attorney Act". Retrieved 3 February 2020.
External links
[edit]- UNIFORM POWER OF ATTORNEY ACT - As drafted and approved by the ULC, with comments (pdf)
- UNIFORM POWER OF ATTORNEY ACT - As drafted and approved by the ULC, no comments (doc)
- Uniform Law Commission - website