Uniform Power of Attorney Act
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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]
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becomes incapacitated."[3] This prompted to ULC to create a uniform law regarding Durable Power of Attorney, which superseded the original Uniform Probate Code.[4]
Act
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