Uniform Power Of Attorney Act
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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. 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. 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." This prompted to ULC to create a uniform law re ...
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Uniform Law Commission
The Uniform Law Commission (ULC), also called the National Conference of Commissioners on Uniform State Laws, is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states (plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands) with well-researched and drafted model acts to bring clarity and stability to critical areas of statutory law across jurisdictions. The ULC promotes enactment of uniform acts in areas of state law where uniformity is desirable and practical. The ULC headquarters are in Chicago, Illinois. The ULC consists of approximately 350 commissioners appointed by each U.S. state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. All of its members are lawyers, who may also serve as legislators, judges, or legal scholars. Each is appointed to the Commission by the government of their respective state or territory. Every ULC commissioner must be an attorney. Each jurisdiction determin ...
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Power Of Attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the ''principal'', ''grantor'', or ''donor'' (of the power). The one authorized to act is the ''agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor. Attorney-in-fact The term ''attorney-in-fact'' is used in many jurisdictions instead of the term ''agent''. That term should be distinguished from ...
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Agency (philosophy)
Agency is the capacity of an actor to act in a given environment. It is independent of the moral dimension, which is called moral agency. In ''sociology'', an agent is an individual engaging with the social structure. Notably, though, the primacy of structure and agency, social structure vs. individual capacity with regard to persons' actions is debated within sociology. This debate concerns, at least partly, the level of reflexivity (social theory), reflexivity an agent may possess. Agency may either be classified as unconscious, involuntary behavior, or purposeful, goal directed activity (intentional action). An agent typically has some sort of immediate awareness of their physical activity and the goals that the activity is aimed at realizing. In ‘goal directed action’ an agent implements a kind of direct control or guidance over their own behavior. Human agency Agency is contrasted to objects reacting to Natural phenomenon, natural forces involving only unthinking dete ...
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Uniform Probate Code
The Uniform Probate Code ( commonly abbreviated UPC) is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedents' estates in the United States. The primary purposes of the act were to streamline the probate process and to standardize and modernize the various state laws governing wills, trusts, and intestacy. History Drafting of the Uniform Probate Code began in 1964. The final version of the original UPC was promulgated in 1969 as a joint project between NCCUSL and the Real Property, Probate and Trust Law Section of the American Bar Association. Richard V. Wellman served as Chief Reporter on the project. The UPC has been revised several times, most recently in 2008. Adoption by the states Although the UPC was intended for adoption by all 50 states, the original 1969 version of the code was adopted in its entirety by only fifteen states: Alaska, Arizona, Colorado, Hawaii, Idaho, Maine, Michigan, Minn ...
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Uniform Act
In the United States, a uniform act is a proposed state law drafted and approved by the Uniform Law Commission (ULC), also known as the National Conference of Commissioners on Uniform State Laws (NCCUSL). Federalism in the United States traditionally limits the legislative authority of the federal government in favor of the states. Specifically, the Tenth Amendment of the United States Constitution states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". Therefore, state governments are free to enact unique laws in any area beyond the purview of federal preemption. Under the doctrine of ''Erie Railroad Co. v. Tompkins'' (1938), federal courts cannot dictate law to states on pure issues of state common law (i.e., almost all of contract, tort, and family law). However, a variety of legal issues regularly transcend state lines, which makes a predictable and relative ...
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Power Of Attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the ''principal'', ''grantor'', or ''donor'' (of the power). The one authorized to act is the ''agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor. Attorney-in-fact The term ''attorney-in-fact'' is used in many jurisdictions instead of the term ''agent''. That term should be distinguished from ...
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Uniform Acts
In the United States, a uniform act is a proposed state law drafted and approved by the Uniform Law Commission (ULC), also known as the National Conference of Commissioners on Uniform State Laws (NCCUSL). Federalism in the United States traditionally limits the legislative authority of the federal government in favor of the states. Specifically, the Tenth Amendment of the United States Constitution states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". Therefore, state governments are free to enact unique laws in any area beyond the purview of federal preemption. Under the doctrine of ''Erie Railroad Co. v. Tompkins'' (1938), federal courts cannot dictate law to states on pure issues of state common law (i.e., almost all of contract, tort, and family law). However, a variety of legal issues regularly transcend state lines, which makes a predictable and relativel ...
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Wills And Trusts
Wills may refer to: * Will (law), a legal document Places Australia * Wills, Queensland, a locality in the Shire of Boulia * Division of Wills, an Australian electoral division in Victoria United States * Wills Township, LaPorte County, Indiana * Wills Township, Guernsey County, Ohio * Wills, Wisconsin, an unincorporated community * Wills Creek (Ohio), a tributary of the Muskingum River * Wills Creek (North Branch Potomac River), in Pennsylvania and Maryland People * Wills (surname), a surname * William, Prince of Wales (born 1982), nicknamed "Wills" Other uses * Wills baronets, of Northmoor, a former title in the Peerage of the United Kingdom - see Baron Dulverton * Wills Hall, a student residence of the University of Bristol * Wills Navy Cut or simply Wills, a popular cigarette brand in India See also * Will (other) Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpo ...
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