Durable Power of Attorney (Financial) review
Durable POA under UPOAA + state POA statutes with 'hot powers' specific grant. Execution formalities cannot be verified from text alone.
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What it checks
Principal + agent identification (financial)
Durable POA must identify principal and agent (and successor agent).
Critical · EST-031
Durable language — survives incapacity
POA must include durable language stating it survives principal's incapacity.
Critical · EST-032
Scope of agent's authority — categories / hot powers
POA must enumerate scope (real property, banks, taxes, business, gifts, etc.); 'hot powers' (gifts, beneficiary changes) require specific authority.
Critical · EST-033
Springing vs immediate effectiveness
POA must state whether it is immediately effective or springing (on incapacity).
Critical · EST-034
Agent's duties — fiduciary obligations
POA should address the agent's fiduciary duties (UPOAA § 114): loyalty, good faith, recordkeeping.
Warning · EST-035
Third-party reliance / acceptance protection
POA should provide third-party reliance / acceptance protection (UPOAA § 119 / § 120).
Warning · EST-036
Notarial acknowledgment + recording (for real property)
Durable POA should carry a notarial acknowledgment; recording is needed where real property is involved.
Critical · EST-037
Execution formalities cannot be verified from text alone
States on every trust, estate and family-law analysis that execution formalities (witnesses, notary, holographic and other state-specific requirements) cannot be verified from the document's text.
Note · EST-060
Every run also applies 114 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.
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