In pursuit of standardized laws across the U.S., numerous states have enacted the Uniform Power of Attorney Act (UPOAA) in order to allow Americans to anticipate that their power of attorney agreement will be upheld if they move to another location. Traditionally, powers of attorney are governed by state law and have significant differences from one locale to another.
A power of attorney is a legally binding contractual agreement that assigns decision-making ability to another individual. The principal allows an attorney in fact, also known as an agent, to agree to business deals, buy, sell, or transfer assets, or make medical decisions on the principal’s behalf.
Having a valid and enforceable power of attorney is a vital aspect of comprehensive estate planning.
However, if specific provisions of a power of attorney agreement are not valid where you are located, your planning can be overturned. Therefore, states that adopt the UPOAA provide their residents the peace of mind of knowing their POA will be upheld in other UPOAA compliant jurisdictions.
As travel and commerce between the states have grown easier in the past century, the problem of differing state laws has become more prominent.
In response, a group of attorneys and judges created the Uniform Law Commission (ULC).
Smoothing out laws between states promotes business and lowers the burdens of moving from one place to another state. The ULC has proposed various standardized, or uniform, regulations, including the UPOAA.
The Uniform Power of Attorney Act was first proposed in 1969.Since then, the ULC has made numerous adjustments to ensure it keeps up with current needs. The most recent version became effective in 2006. The UPOAA addresses differences in state laws to standardize the power of attorney process. This ensures that POAs from different states will be upheld in other UPOAA compliant jurisdictions.
If a state has adopted all of the UPOAA, its laws will match other states that have signed-on to the UPOAA. Therefore, you and your estate planning professionals can create a power of attorney document that is tailored to your needs and enforceable in other UPOAA states.
Each state can write laws that define the validity, scope, or enforceability of all power of attorney agreements.
For this reason, state POA laws normally differ between on subjects such as:
The UPOAA attempts to address these differences to standardize the power of attorney process.
When you draft this document, it's important to understand where it will be valid. After all, the last thing you want is for the agreement to be unenforceable right when you need it.
The UPOAA is broken into the four following articles.
This article is where the most crucial information is located. Here, the UPOAA aims to ensure the protection of the principal while allowing an agent to act broadly on the principal’s behalf.
For example, one key difference between state laws is how to create a durable power of attorney.
To be considered durable, the power of attorney agreement **must remain in effect if the principal becomes incapacitated.
On the other hand, a general power of attorneys automatically terminates if the principal is incapacitated, unless the contract explicitly addresses durability.
The UPOAA flips the traditional standard. Instead, a power of attorney created under the UPOAA lasts through the principal’s incapacity unless the agreement itself calls for termination (§110). This can help ensure the proper execution of your estate planning wishes if you sustain a serious illness or tragedy.
Another critical section of the general provisions of the UPOAA outlines an agent’s duties on behalf of the principal. The agent is a fiduciary of the principal, meaning they must take actions to benefit the principal.
However, the UPOAA protects agents who also benefit from their efforts, so long as the principal received some improved standing.
An agent would not be held liable under the UPOAA if there was a conflict of interest so long as they act with "care, competence, and diligence for the best interest of the principal."
The second section of the UPOAA concerns what authority is granted through a power of attorney. The Act requires that the principal expressly grant authority to carry out certain actions. This means the power of attorney agreement must contain language giving the agent these powers.
Without an express grant, the agent cannot do any of the following:
The UPOAA Authority Section states that, outside these express restrictions, the agent’s powers should be interpreted broadly. Therefore, if someone questions whether an agent has the right to take action in a UPOAA jurisdiction, the agent receives the benefit of the doubt.
The third section of the UPOAA provides a general form and example of plain language to create a power of attorney. By following the included form, you can rely on the agreement being enforceable. However, these templates are difficult to tailor to your specific needs.
Additionally, this section has an example of how signatures should be collected. The UPOAA requires newly created powers of attorney to be notarized. Following this requirement will help an agent defeat any questions of the agreement’s validity.
Finally, there are a few miscellaneous areas of law addressed by the UPOAA’s fourth section. Crucially, one provision clarifies that powers of attorney created before the UPOAA are valid as long as they complied with the law at the time. Not all agreements need to be updated when a state joins the UPOAA.
In 2007, New Mexico was the first state to adopt the UPOAA. Since then, the number of states where the UPOAA is the law has grown to 28. In 2020 alone, Kentucky and South Dakota enacted the standardized law.
Uniforme Power of Attorney Act by State" />
| Year Enacted | State | Bill |
|---|---|---|
| 2011 | Alabama | SB 53 |
| 2011 | Arkansas | SB 887 |
| 2009 | Colorado | HB 09-1198 |
| 2015 | Connecticut | Public Act No. 15-240 |
| 2018 | Georgia | HB 897 |
| 2014 | Hawaii | SB 2229 |
| 2008 | Idaho | SB 1335 |
| 2014 | Iowa | SF 2168 |
| 2020 | Kentucky | HB 124 |
| 2009 | Maine | LD 1404 |
| 2010 | Maryland | SB 309 |
| 2011 | Montana | HB 374 |
| 2023 | Michigan | HB 4644 |
| 2012 | Nebraska | LB 1113 |
| 2009 | Nevada | SB 314 |
| 2017 | New Hampshire | SB 230 FN |
| 2007 | New Mexico | HB 231 |
| 2017 | North Carolina | SB 560 |
| 2012 | Ohio | SB 117 |
| 2022 | Oklahoma | SB1596 |
| 2014 | Pennsylvania | HB 1429 |
| 2016 | South Carolina | SB 778 |
| 2020 | South Dakota | SB 148 |
| 2017 | Texas | HB 1974 |
| 2016 | Utah | HB 74 |
| 2010 | Virginia | HB 719 |
| 2016 | Washington | SB 5635 |
| 2022 | Washington DC | Bill 24-0121 |
| 2012 | West Virginia | HB 4390 |
| 2010 | Wisconsin | AB 704 |
| 2017 | Wyoming | SB 105 |
Additionally, Massachusetts and Vermont have introduced legislation to approve the UPOAA.
In Massachusetts, the House Bill No. 1598 adopting the UPOAA is pending concurrence, with a reporting date extended to April 15th 2022, and now it is waiting for further steps.
Similarly, in Vermont, an act adopting the House Bill 536 UPOAA was read to the House on January 1st, 2022, and is waiting for further steps.
Use our template to create a tailored power of attorney that suits your needs and follows your state’s guidelines.
This section provides a summary of definitions from the Uniform Power of Attorney Act, found in the PDF document. Each entry includes the section number and the page where it can be found:
Helpful Resources:
Table of Contents:In pursuit of standardized laws across the U.S., numerous states have enacted the Uniform Power of Attorney Act (UPOAA) in order to allow Americans to anticipate that their power of attorney agreement will be upheld if they move to another location. Traditionally, powers of attorney are governed by state law and have significant differences from one locale to another.
A power of attorney is a legally binding contractual agreement that assigns decision-making ability to another individual. The principal allows an attorney in fact, also known as an agent, to agree to business deals, buy, sell, or transfer assets, or make medical decisions on the principal’s behalf.
Having a valid and enforceable power of attorney is a vital aspect of comprehensive estate planning.
However, if specific provisions of a power of attorney agreement are not valid where you are located, your planning can be overturned. Therefore, states that adopt the UPOAA provide their residents the peace of mind of knowing their POA will be upheld in other UPOAA compliant jurisdictions.
As travel and commerce between the states have grown easier in the past century, the problem of differing state laws has become more prominent.
In response, a group of attorneys and judges created the Uniform Law Commission (ULC).
Smoothing out laws between states promotes business and lowers the burdens of moving from one place to another state. The ULC has proposed various standardized, or uniform, regulations, including the UPOAA.
The Uniform Power of Attorney Act was first proposed in 1969.Since then, the ULC has made numerous adjustments to ensure it keeps up with current needs. The most recent version became effective in 2006. The UPOAA addresses differences in state laws to standardize the power of attorney process. This ensures that POAs from different states will be upheld in other UPOAA compliant jurisdictions.
If a state has adopted all of the UPOAA, its laws will match other states that have signed-on to the UPOAA. Therefore, you and your estate planning professionals can create a power of attorney document that is tailored to your needs and enforceable in other UPOAA states.
Each state can write laws that define the validity, scope, or enforceability of all power of attorney agreements.
For this reason, state POA laws normally differ between on subjects such as:
The UPOAA attempts to address these differences to standardize the power of attorney process.
When you draft this document, it's important to understand where it will be valid. After all, the last thing you want is for the agreement to be unenforceable right when you need it.
The UPOAA is broken into the four following articles.
This article is where the most crucial information is located. Here, the UPOAA aims to ensure the protection of the principal while allowing an agent to act broadly on the principal’s behalf.
For example, one key difference between state laws is how to create a durable power of attorney.
To be considered durable, the power of attorney agreement **must remain in effect if the principal becomes incapacitated.
On the other hand, a general power of attorneys automatically terminates if the principal is incapacitated, unless the contract explicitly addresses durability.
The UPOAA flips the traditional standard. Instead, a power of attorney created under the UPOAA lasts through the principal’s incapacity unless the agreement itself calls for termination (§110). This can help ensure the proper execution of your estate planning wishes if you sustain a serious illness or tragedy.
Another critical section of the general provisions of the UPOAA outlines an agent’s duties on behalf of the principal. The agent is a fiduciary of the principal, meaning they must take actions to benefit the principal.
However, the UPOAA protects agents who also benefit from their efforts, so long as the principal received some improved standing.
An agent would not be held liable under the UPOAA if there was a conflict of interest so long as they act with "care, competence, and diligence for the best interest of the principal."
The second section of the UPOAA concerns what authority is granted through a power of attorney. The Act requires that the principal expressly grant authority to carry out certain actions. This means the power of attorney agreement must contain language giving the agent these powers.
Without an express grant, the agent cannot do any of the following:
The UPOAA Authority Section states that, outside these express restrictions, the agent’s powers should be interpreted broadly. Therefore, if someone questions whether an agent has the right to take action in a UPOAA jurisdiction, the agent receives the benefit of the doubt.
The third section of the UPOAA provides a general form and example of plain language to create a power of attorney. By following the included form, you can rely on the agreement being enforceable. However, these templates are difficult to tailor to your specific needs.
Additionally, this section has an example of how signatures should be collected. The UPOAA requires newly created powers of attorney to be notarized. Following this requirement will help an agent defeat any questions of the agreement’s validity.
Finally, there are a few miscellaneous areas of law addressed by the UPOAA’s fourth section. Crucially, one provision clarifies that powers of attorney created before the UPOAA are valid as long as they complied with the law at the time. Not all agreements need to be updated when a state joins the UPOAA.
In 2007, New Mexico was the first state to adopt the UPOAA. Since then, the number of states where the UPOAA is the law has grown to 28. In 2020 alone, Kentucky and South Dakota enacted the standardized law.
Uniforme Power of Attorney Act by State" />
| Year Enacted | State | Bill |
|---|---|---|
| 2011 | Alabama | SB 53 |
| 2011 | Arkansas | SB 887 |
| 2009 | Colorado | HB 09-1198 |
| 2015 | Connecticut | Public Act No. 15-240 |
| 2018 | Georgia | HB 897 |
| 2014 | Hawaii | SB 2229 |
| 2008 | Idaho | SB 1335 |
| 2014 | Iowa | SF 2168 |
| 2020 | Kentucky | HB 124 |
| 2009 | Maine | LD 1404 |
| 2010 | Maryland | SB 309 |
| 2011 | Montana | HB 374 |
| 2023 | Michigan | HB 4644 |
| 2012 | Nebraska | LB 1113 |
| 2009 | Nevada | SB 314 |
| 2017 | New Hampshire | SB 230 FN |
| 2007 | New Mexico | HB 231 |
| 2017 | North Carolina | SB 560 |
| 2012 | Ohio | SB 117 |
| 2022 | Oklahoma | SB1596 |
| 2014 | Pennsylvania | HB 1429 |
| 2016 | South Carolina | SB 778 |
| 2020 | South Dakota | SB 148 |
| 2017 | Texas | HB 1974 |
| 2016 | Utah | HB 74 |
| 2010 | Virginia | HB 719 |
| 2016 | Washington | SB 5635 |
| 2022 | Washington DC | Bill 24-0121 |
| 2012 | West Virginia | HB 4390 |
| 2010 | Wisconsin | AB 704 |
| 2017 | Wyoming | SB 105 |
Additionally, Massachusetts and Vermont have introduced legislation to approve the UPOAA.
In Massachusetts, the House Bill No. 1598 adopting the UPOAA is pending concurrence, with a reporting date extended to April 15th 2022, and now it is waiting for further steps.
Similarly, in Vermont, an act adopting the House Bill 536 UPOAA was read to the House on January 1st, 2022, and is waiting for further steps.
Use our template to create a tailored power of attorney that suits your needs and follows your state’s guidelines.
This section provides a summary of definitions from the Uniform Power of Attorney Act, found in the PDF document. Each entry includes the section number and the page where it can be found:
Helpful Resources:
