Recent SSRN papers about Powers of Attorney
The Uniform Power of Attorney Act: New Solutions to Old Problems
Gerry W. Beyer
Texas Tech University School of Law
Estate Planning Studies, 2009
Abstract:
This article examines some of the provisions in the 2006 Uniform Powerof Attorney Act and how they attempt to meet some of the challengesthat durable powers face with a focus on formalities in drafting,standards of conduct for an agent, an agent’s powers and authority, andovercoming the dishonoring of the document.
TheUPOAA does an admirable job of modernizing power of attorney law toreflect legislative trends and collective best practices. Theenhancements should facilitate the acceptance of durable powers andmake it more difficult for devious individuals to abuse the powers. TheAct, however, is not the “end all” of power of attorney practice, andthus the practitioner must be vigilant to ascertain the principal’sdesires, consider the applicable law and facts, and then customize thepower to meet the client’s needs.
Keywords: power of attorney, agent, principal, Uniform Power of Attorney Act, disability planning
Accepted Paper Series
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1396502
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