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Power Of Attorney

POWER OF ATTORNEY, or LETTER OF ATTORNEY, is an authority under hand and seal empowering the person named therein to do some act on behalf of the principal, which otherwise could only be done by the principal himself. It is either general or special. A general power of attorney authorizes the agent to act for his principal in all matters, or in matters of a particular nature only, or in respect of a particular business. A special act of attorney authorizes the agent to represent his principal only in some particular specified act. It expires with death of the principal, and is revocable at his will, even by a verbal notice, unless it has been given for a valuable consideration. Moreover, the terms of the power are construed literally, and give such authority only as they confer expressly or by necessary implication. The Conveyancing Act of 1881 provides protection for any person making any payment or doing any act in good faith, in pursuance of a power of attorney, if before the time of the payment or act the donor of the power had died or become lunatic, of unsound mind, or bankrupt, or had revoked the power. The law relating to powers of attorney is a branch of the law of agency. (See AGENT; PRINCIPAL and AGENT.)

Note - this article incorporates content from Encyclopaedia Britannica, Eleventh Edition, (1910-1911)

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