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becomes incapacitated."[3] This prompted to ULC to create a uniform law regarding Durable Power of Attorney, which superseded the original Uniform Probate Code.[4]
Actedit
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
Adoptionedit
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]
^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.
^. Archived from the original on 11 September 2018. Retrieved 11 September 2018.
^. 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 linksedit
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
January 01, 1970
uniform, power, attorney, 2006, upoaa, proposed, national, conference, commissioners, uniform, state, laws, create, uniform, framework, power, attorney, provisions, throughout, united, states, contents, history, adoption, also, references, external, linkshisto. 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 Contents 1 History 2 Act 3 Adoption 4 See also 5 References 6 External linksHistory editHistorically 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 editThe 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 lawsAdoption editThe 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 editUniform Act List of Uniform Acts United States Power of attorneyReferences 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 amp Neglect Personal Injury Attorney Los Angeles PLG Nursing Home Abuse amp Neglect Personal Injury Attorney Los Angeles 26 January 2013 Retrieved 11 September 2018 Power of Attorney Act Retrieved 3 February 2020 External links editUNIFORM 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 Retrieved from https en wikipedia org w index php title Uniform Power of Attorney Act amp oldid 1220677991, wikipedia, wiki, book, books, library,
