Power of Attorney

A document authorizing someone to act on another person's behalf in financial or legal matters.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

What it means

A power of attorney is a written authorization for one person, the agent, to act for another, the principal. It can be broad or narrow - some are written for a single transaction - and it is a delegation of authority rather than a transfer of ownership: the principal keeps their property and, while they have capacity, can revoke the document.

The word durable is the one that matters. An ordinary power of attorney ends if the principal loses capacity, which is precisely when it is most needed; a durable power of attorney is written to survive incapacity. A separate document usually covers health care decisions, and a financial power of attorney generally does not extend to them.

A power of attorney ends at death, at which point authority passes to whoever administers the estate. The agent owes duties to the principal and can be held accountable for abusing the authority - misuse by a trusted person is a recognized category of elder financial abuse.

Where this comes from

When people hire a lawyer for this

The two recurring problems are documents that turn out not to be durable, and documents that banks or title companies decline to accept because they lack a formality or specific authority the state requires. Both are cheap to prevent at drafting and difficult to fix once capacity is lost.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see Power of Attorney law firms in its largest listed city; other cities open below it.

• Alabama (Birmingham)
  +1 other city

  • Montgomery
• Alaska (Anchorage)
• Arizona (Mesa)
  +6 other cities

  • Scottsdale
  • Chandler
  • Gilbert
  • Phoenix
  • Glendale
  • Tucson
• Arkansas (Little Rock)
• California (Long Beach)
  +19 other cities

  • Sacramento
  • Fontana
  • Los Angeles
  • Oakland
  • Riverside
  • San Bernardino
  • San Diego
  • San Francisco
  • Anaheim
  • Chula Vista
  • Fremont
  • Irvine
  • and 7 smaller
• Colorado (Denver)
  +2 other cities

  • Aurora
  • Colorado Springs
• Connecticut (Bridgeport)
• Delaware (Wilmington)
• District of Columbia (Washington)
• Florida (Orlando)
  +5 other cities

  • Hialeah
  • Jacksonville
  • Miami
  • St Petersburg
  • Tampa
• Georgia (Atlanta)
• Hawaii (Honolulu)
• Idaho (Boise)
• Illinois (Chicago)
• Indiana (Indianapolis)
  +1 other city

  • Fort Wayne
• Iowa (Des Moines)
• Kansas (Wichita)
• Kentucky (Lexington)
  +1 other city

  • Louisville
• Louisiana (Baton Rouge)
  +2 other cities

  • New Orleans
  • Shreveport
• Maine (Portland)
• Maryland (Baltimore)
• Massachusetts (Boston)
• Michigan (Detroit)
• Minnesota (Minneapolis)
  +1 other city

  • Saint Paul
• Mississippi (Jackson)
• Missouri (Kansas City)
  +1 other city

  • St. Louis
• Montana (Billings)
• Nebraska (Lincoln)
  +1 other city

  • Omaha
• Nevada (Las Vegas)
  +3 other cities

  • North Las Vegas
  • Henderson
  • Reno
• New Hampshire (Manchester)
• New Jersey (Newark)
  +1 other city

  • Jersey City
• New Mexico (Albuquerque)
• New York (Buffalo)
  +2 other cities

  • New York City
  • Rochester
• North Carolina (Charlotte)
  +5 other cities

  • Fayetteville
  • Durham
  • Greensboro
  • Raleigh
  • Winston-Salem
• North Dakota (Fargo)
• Ohio (Cincinnati)
  +3 other cities

  • Columbus
  • Cleveland
  • Toledo
• Oklahoma (Oklahoma City)
  +1 other city

  • Tulsa
• Oregon (Portland)
• Pennsylvania (Philadelphia)
  +1 other city

  • Pittsburgh
• Rhode Island (Providence)
• South Carolina (Columbia)
• South Dakota (Sioux Falls)
• Tennessee (Nashville)
  +1 other city

  • Memphis
• Texas (Arlington)
  +12 other cities

  • Austin
  • Houston
  • Laredo
  • San Antonio
  • Corpus Christi
  • Dallas
  • Fort Worth
  • El Paso
  • Garland
  • Irving
  • Lubbock
  • Plano
• Utah (Salt Lake City)
• Vermont (Burlington)
• Virginia (Chesapeake)
  +3 other cities

  • Norfolk
  • Virginia Beach
  • Richmond
• Washington (Tacoma)
  +2 other cities

  • Seattle
  • Spokane
• West Virginia (Charleston)
• Wisconsin (Madison)
  +1 other city

  • Milwaukee
• Wyoming (Cheyenne)

Related terms

Other entries in the same area of law, each written from the same primary sources.

• Beneficiary Designation (Payable-on-Death)The single line on an account form that overrides the will - and the commonest reason an estate plan does not do what the family expected.
• Contesting a WillThe narrow legal grounds for setting a will aside - and why "it is not fair" is not one of them.
• Executor (Personal Representative)The person a court authorizes to wind up an estate - a job with real duties, real personal exposure, and a right to be paid.
• Guardianship and ConservatorshipA court transferring legal decision-making for an adult who cannot make decisions themselves - the most restrictive option, and often not the necessary one.
• Intestate SuccessionThe statutory order in which a person's property passes when they die without a valid will - a default set by the state, not by the family.
• Last Will and TestamentThe document that says who inherits what - and, just as importantly, the many things it does not control.
• ProbateThe court process that settles a deceased person's estate: validating any will, paying debts, and transferring what remains.
• Revocable Living TrustA container you put property into during life so it can pass at death without a court - useful, oversold, and useless if left unfunded.
• Small Estate AffidavitThe sworn form that lets a family collect a modest estate without opening a probate case at all.
• Spousal Elective ShareThe statutory right of a surviving spouse to claim a portion of the estate regardless of what the will says.

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