Digital Estate Roles · Roles

Ordinary financial power of attorney

An agent appointed by the person whose authority ends when the person loses capacity, rather than surviving it.

45 jurisdictions · 11 countries · role id financial-poa-nondurable

Asia

China

Agent under a mandate (委托代理人) — Agent under a mandate

Ordinary agency by authorisation. Where the authorisation is in writing it must state the agent, the matters, the scope and the period, and be signed or sealed by the principal. Article 173 lists what ends it, including the death of either party; the principal’s loss of capacity is not among the listed events, and the Code’s express mechanism for authority meant to operate after capacity is lost is the advance-appointed guardianship of art 33.

Assigned
The principal authorises the agent; a written authorisation states the agent, the matters, the scope and the period, signed or sealed by the principal Capable
Starts
The agent acts within the authority conferred Capable
Ends
The period expires or the business is completed Capable
The principal revokes the mandate, or the agent resigns it Capable
The agent loses capacity for civil conduct Capable
Death of the agent or of the principal Deceased

中华人民共和国民法典第一百六十五条; 中华人民共和国民法典第一百七十三条

India

Attorney under a power of attorney

An ordinary power. India has no durable financial power by default: the agency is terminated by either the principal or the agent dying or becoming of unsound mind.

Assigned
Principal executes an instrument empowering a person to act in their name Capable
Starts
On execution of the instrument Capable
Ends
Principal revokes, agent renounces, or the business of the agency is completed Capable
Either the principal or the agent dies or becomes of unsound mind, or the principal is adjudicated insolvent Incapacitated

The Powers-of Attorney Act, 1882 (Act 7 of 1882), s 2; The Indian Contract Act, 1872 (Act 9 of 1872), s 201

South Korea

Mandatary under an ordinary mandate

The ordinary agency relationship. It is not a durable instrument: it ends on the death or bankruptcy of either party, and also if the mandatary is placed under adult guardianship.

Assigned
Mandate entrusts the mandatary with the management of affairs, and the mandatary accepts Capable
Starts
On acceptance of the mandate Capable
Ends
Death or bankruptcy of either party, or the mandatary is adjudged to commence adult guardianship Deceased

Civil Act (Republic of Korea), Article 680; Civil Act (Republic of Korea), Article 690

Europe

UK — England & Wales

Attorney under an ordinary (general) power of attorney

An ordinary power of attorney under the Powers of Attorney Act 1971 and the common law of agency. It needs no registration and can be used at once, but it stops working when the donor loses mental capacity and ends on the donor's death. The 1971 Act protects attorneys and third parties who act without knowing it has been revoked.

Assigned
Donor with capacity executes a power of attorney by deed Capable
Starts
On execution, or as the instrument states Capable
Ends
Donor loses mental capacity (common-law revocation; 'you can only use this while they have mental capacity') Incapacitated
Donor dies Deceased
Donor revokes, or the instrument's stated period expires Capable

Powers of Attorney Act 1971 s 5; GOV.UK, Make decisions on behalf of someone; Mental Capacity Act 2005 Sch 4

UK — Northern Ireland

Attorney under an ordinary (general) power of attorney

A non-enduring power of attorney stops working when the donor becomes mentally incapable of managing their affairs.

Assigned
Donor grants power of attorney Capable
Starts
As the instrument provides Capable
Ends
Donor becomes mentally incapable of managing affairs Incapacitated
Donor dies Deceased

nidirect, 'Managing your affairs and enduring power of attorney'; Enduring Powers of Attorney (Northern Ireland) Order 1987 art 3

North America

Canada — British Columbia

Attorney under a general (non-enduring) power of attorney

A general power of attorney under Part 1 of the Power of Attorney Act (short forms 1 and 2) lets an attorney do anything the donor can lawfully do by an attorney. It is not an enduring power of attorney, so it ends if the donor becomes mentally incapable, and also on death or revocation. Part 1 protects agents and third parties who act without knowing the authority has ended.

Assigned
Donor signs a general power of attorney (Form 1 or 2 or other form) Capable
Starts
On signing, subject to any conditions in the document Capable
Ends
Donor becomes mentally incapable (not an enduring power of attorney) Incapacitated
Donor dies or revokes Deceased
Donor declared a patient by the court under the Patients Property Act Incapacitated

Power of Attorney Act, RSBC 1996, c 370, s 9 and Schedule Forms 1-2; What every older Canadian should know about powers of attorney (B.C. supplement), Federal/Provincial/Territorial Ministers Responsible for Seniors Forum, hosted by Government of British Columbia; Power of Attorney Act, RSBC 1996, c 370, s 2(0.1); Power of Attorney Act, RSBC 1996, c 370, s 10; Power of Attorney Act, RSBC 1996, c 370, ss 1, 3, 4; Patients Property Act, RSBC 1996, c 349, ss 19-19.1

Canada — Québec

Mandatary under an ordinary mandate (power of attorney)

An ordinary contract of mandate (art 2130) lets the mandatary represent the mandator in juridical acts. It ends on revocation, renunciation, bankruptcy or the death of either party. The mandator's incapacity is NOT listed as an automatic cause: the Code says the mandate 'may' end 'in certain cases' when tutorship is instituted or a protection mandate is homologated, and it continues during homologation proceedings unless the court revokes it.

Assigned
Mandator confers mandate (contract accepted by mandatary) Capable
Starts
On acceptance of the mandate Capable
Ends
Death of mandator or mandatary Deceased
Revocation by mandator or renunciation by mandatary Capable
Bankruptcy of either party Capable
In certain cases, institution of tutorship or homologation of a protection mandate for the mandator; court may revoke for serious reason during homologation proceedings Incapacitated

Civil Code of Québec, arts 2130-2131; Civil Code of Québec, art 2175; Civil Code of Québec, arts 2176-2177, 2181; Civil Code of Québec, arts 2167.1-2167.4

US — uniform/model law + federal

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Arizona differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs a power of attorney without words of durability — the result of saying nothing, not of saying so Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes disabled or incapacitated (good-faith acts without actual knowledge still bind) Incapacitated

A.R.S. § 14-5501; UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); A.R.S. § 14-5504

US — California

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal loses capacity to contract (not overridable by the instrument) Incapacitated
Death of principal Deceased

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); Cal. Prob. Code §4155; Cal. Prob. Code §4152; Cal. Prob. Code §4304

US — Colorado

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Delaware

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Florida differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (power lacks durability language) Incapacitated
Death of principal Deceased
Revocation by signed writing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); Fla. Stat. §709.2109(1)(a)-(b) (2026); Fla. Stat. §709.2110 (2026)

US — Idaho

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Illinois differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Termination date or event the principal specified in the agency (e.g., principal's incapacity) Incapacitated
Death of principal Deceased

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); 755 ILCS 45/2-4; 755 ILCS 45/2-5

US — Indiana differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
On signing, as for a durable power (§30-5-4-2(a)) Capable
Ends
Incapacity of the principal, but only where the instrument so provides, and not as against anyone acting in good faith without actual knowledge of it Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); Ind. Code § 30-5-4-2; Ind. Code § 30-5-10-3

US — Iowa differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Kansas differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Kentucky

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Louisiana differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal's incapacity, but only where the parties agreed to that effect Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); La. Civ. Code art. 3026

US — Maine differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs a power of attorney expressly providing that it is terminated by the principal's incapacity, and acknowledges it before a notary public Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

Me. Rev. Stat. tit. 18-C, §5-904; Me. Rev. Stat. tit. 18-C, §5-905; UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Maryland

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Massachusetts differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal's disability or incapacity, the default where the writing lacks durability words Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); Mass. Gen. Laws ch. 190B, §5-501

US — Michigan differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal's incapacity, which also ends any power that failed the durability formalities Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); Mich. Comp. Laws §556.204

US — Minnesota differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs a power with no words of durability — the result of saying nothing Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Incapacity or incompetence of the principal in fact; a party is protected until it has actual notice of a judicial determination of incompetence Incapacitated

Minn. Stat. § 523.07; UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); Minn. Stat. § 523.09; Minn. Stat. § 523.19; Minn. Stat. § 523.20

US — Missouri differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Nebraska

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — New Jersey differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal's disability or incapacity, which is the default outcome absent durability words Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); N.J. Stat. §46:2B-8.2

US — New York differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated, when POA expressly says incapacity terminates it Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); N.Y. Gen. Oblig. Law §5-1511; N.Y. Gen. Oblig. Law §5-1501A

US — North Carolina differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated, where the instrument expressly says so Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); N.C. Gen. Stat. §32C-1-110; N.C. Gen. Stat. §32C-1-104

US — Ohio differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated, where the instrument expressly says it terminates on incapacity Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); Ohio Rev. Code §1337.30; Ohio Rev. Code §1337.24

US — Oklahoma

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Pennsylvania

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Texas differs from the US model unverified

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Utah

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Virginia

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

US — Washington differs from the US model

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated; this is the default outcome in Washington Incapacitated

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); Wash. Rev. Code §11.125.040

US — West Virginia

Agent under nondurable financial power of attorney

An agent under a power of attorney that expressly states it ends if the principal becomes incapacitated. It works only while the principal is capable, and ends at incapacity or death.

Assigned
Principal signs POA expressly stating it terminates on incapacity Capable
Starts
Effective on execution unless otherwise stated; agent accepts by acting Capable
Ends
Principal becomes incapacitated (good-faith acts without actual knowledge still bind) Incapacitated
Death of principal Deceased
Revocation; POA terms; purpose accomplished; agent death/incapacity/resignation; spouse-agent dissolution filing Capable

UPOAA §105 (2006); UPOAA §104 (2006); UPOAA §109(a)-(b) (2006); UPOAA §113 (2006); UPOAA §110(a) (2006); UPOAA §110(e) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006)

Oceania

Australia — New South Wales

Attorney under a general power of attorney

An attorney for financial and legal affairs appointed on the prescribed general form. The power ceases if the principal loses mental capacity after signing and becomes invalid at death.

Assigned
Principal executes a power of attorney (prescribed Form 1 or other instrument) Capable
Starts
From the commencement chosen in the form: immediately (default), between specified dates, while overseas, or other Capable
Ends
Principal loses mental capacity (power effective only for acts within the principal's understanding) Incapacitated
Revocation by the principal (notify the attorney, preferably in writing) Capable
Death of the principal Deceased
End date specified in the instrument Capable

Powers of Attorney Act 2003 (NSW) s 8; Powers of Attorney Regulation 2024 (NSW) Sch 2, Form 1 (General power of attorney); Powers of Attorney Act 2003 (NSW) ss 17–18; NSW Government, Choose a Power of Attorney (last updated 30 October 2025); Powers of Attorney Act 2003 (NSW) s 16(1)

Australia — Queensland

Attorney under a general power of attorney

A general (non-enduring) power of attorney under Chapter 2. It is revoked by statute if the principal comes to have impaired capacity. Other revocation events, including the principal's death, are left to the general law.

Assigned
Principal executes general power of attorney Capable
Starts
On execution, subject to its terms Capable
Ends
Principal becomes a person with impaired capacity Incapacitated
Written revocation by principal in approved form Capable
Death of principal (general law, preserved by s 15) Deceased

Powers of Attorney Act 1998 (Qld) s 7; Powers of Attorney Act 1998 (Qld) s 18; Powers of Attorney Act 1998 (Qld) s 17; Powers of Attorney Act 1998 (Qld) s 15

Australia — Victoria

Attorney under a general non-enduring power of attorney

An ordinary power of attorney in the Schedule form. It is exercisable once made unless the document says otherwise. It does not survive the principal's loss of capacity or death: the Act saves only enduring powers from the general-law rule that incapacity revokes.

Assigned
Principal signs (or another signs at their direction before 2 witnesses) Capable
Starts
Once made, unless a later time, circumstance or occasion is specified Capable
Ends
Principal loses decision-making capacity (general-law revocation; s 22(3) disapplies that rule only for enduring powers) Incapacitated
Death of principal (general law) Deceased
Revocation by principal Capable

Powers of Attorney Act 2014 (Vic) s 7(1); Powers of Attorney Act 2014 (Vic) s 10; Powers of Attorney Act 2014 (Vic) s 22; Powers of Attorney Act 2014 (Vic) ss 14-15

South America

Argentina

Apoderado (mandatario) — Attorney under a power (mandatary)

An ordinary power. It is not durable: the mandate ends on the death or incapacity of either party, and the power itself ends on the death of representative or represented, save for a special power granted for determined acts in a legitimate interest.

Assigned
Principal grants a power for the acts entrusted Capable
Starts
On the grant of the power Capable
Ends
Death or incapacity of either party, revocation by the principal, or renunciation by the mandatary Incapacitated
Death of the represented person; the power survives only where granted for specially determined acts in a legitimate interest Deceased

Código Civil y Comercial de la Nación (Ley 26.994), artículo 380; Código Civil y Comercial de la Nación (Ley 26.994), artículo 1329

Brazil

Mandatário (procuração) — Mandatary under a power of attorney

An ordinary mandate. It ends on the death or judicial interdiction of either party, so it does not survive the grantor's incapacity.

Assigned
Grantor confers powers by mandate Capable
Starts
On the grant Capable
Ends
Revocation or renunciation; death or interdiction of either party; a change of status disabling either; expiry of the term Deceased

Código Civil (Lei nº 10.406/2002), art. 682

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