Agent's Authority

The ability of an agent to act on behalf of a client in a way that binds the client. There are four types of agent's authority. Actual express authority is authority the client states in a contract given to an agent. Apparent authority is given verbally by the client. Implied authority is considered by the agent to be necessary to perform duties given under actual express or apparent authority. Finally, inherent authority is that which occurs when the agent exceeds his/her actual express authority only slightly and performs similar actions.

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Persons dealing with an agent must ascertain not only the fact of agency, but also the nature and extent of the agent's authority.

Powerless

12) The ULC did not follow the Model Act committee's proposal because the DPOA the committee recommended would only be used for very small amounts of property and would have strict oversight by the court, including that the agent give the issuing court information about annual income and property subject to the agent's authority.

Nursing home abuse of agents: Creditor misuse of New York's revised durable Power of Attorney

An agent's authority is usually defined by contract and is

The inequities of AEDPA equitable tolling: a misapplication of agency law

Although some tasks can be completed without a power of attorney, many important matters require evidence of your agent's authority to act on your behalf.

Don't forget power of attorney

Absent actual or constructive notice to the applicant or insured of limits on the agent's authority, an agent may bind the insurer by "acts, agreements, or representations within the ordinary scope and limits of the insurance business entrusted to him," even if the agent's actions violate private restrictions on his or her authority.

Caught in a bind: although they serve a valuable need for insureds, binders can expose agents to serious E&O claims

It is also fascinating to contemplate, in this way, what might happen in a future case that, to some extent, coalesces around an extended version of the factual milieu of City of Calgary, with an agency scenario that raises the supposed agent's authority on behalf of its principal.

Revisiting the self-authorizing agent

The Supreme Court of Kentucky granted the executrix's motion for discretionary review to consider the important question of an agent's authority to bind his or her principal, as well as others, to an arbitration agreement presented with other documents on the principal's admission to a long-term care facility.

Arbitration agreement signed by daughter with POA ruled unenforceable

principal anticipates a challenge to the agent's authority by

Florida's adoption of the Uniform Power of Attorney Act: is it sufficient to protect Florida's vulnerable adults?

The stated purpose of the Power of Attorney Act is to recognize that each individual has the right to appoint an agent to deal with property or make personal and healthcare decisions for him or her, to insure that the agent is empowered to act even if the principal is incapacitated or disabled, and be sure that third-party reliants will honor the agent's authority at all times by limiting a reliant's liability.

Get ready for the New Illinois Power of Attorney Act: a sweeping rewrite of this important Act creates new statutory POA forms for healthcare and property that better protect principals, agents, and third parties

Whether the power of attorney is to be effective currently or upon the happening of a specified event, the agent's authority will not begin until the agent has signed and his signature has been acknowledged.

New York's new "power of attorney" law is effective September 1, 2009

Douri said: [We] have decided in this blessed day to direct all combat effort towards the invaders and forbid absolutely the killing of Iraqis or fighting them in all the formations and organs of the agent's authority in the so-called army, police, awakening councils (ACs) and the administration agencies except for what is required in self-defence, if some spies in these agencies try to stop the resistance or harm them".

The Insurgents' Messages

Acting through an agent might enable a principal to take opportunistic advantage of third parties with whom the agent deals on the principal's behalf because the specifics of the relationship between the agent and the principal--and in particular the scope of the agent's authority as communicated to the agent by the principal--are not transparent to the third party.