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
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 auth ...
provisions throughout the United States.
History
Historically, issues surrounding powers of attorney were based on the common law concept of
agency
Agency may refer to:
Organizations
* Institution, governmental or others
** Advertising agency or marketing agency, a service business dedicated to creating, planning and handling advertising for its clients
** Employment agency, a business that ...
. 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
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 t ...
, 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 This prompted to ULC to create a uniform law regarding Durable Power of Attorney, which superseded the original Uniform Probate Code.
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:
# 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
The ULC officially approved of the UPOAA and recommend that states adopt it in 2006.
As of 2019, 26 states have adopted and enacted the UPOAA.
See also
*
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 traditi ...
*
List of Uniform Acts (United States)
*
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 auth ...
References
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External links
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
Uniform Acts
Power of attorney
Wills and trusts
United States trusts law