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Durable Power of Attorney (Financial) review

Durable POA under UPOAA + state POA statutes with 'hot powers' specific grant. Execution formalities cannot be verified from text alone.

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What it checks

Principal + agent identification (financial)

Durable POA must identify principal and agent (and successor agent).

Critical · EST-031

Durable language — survives incapacity

POA must include durable language stating it survives principal's incapacity.

Critical · EST-032

Scope of agent's authority — categories / hot powers

POA must enumerate scope (real property, banks, taxes, business, gifts, etc.); 'hot powers' (gifts, beneficiary changes) require specific authority.

Critical · EST-033

Springing vs immediate effectiveness

POA must state whether it is immediately effective or springing (on incapacity).

Critical · EST-034

Agent's duties — fiduciary obligations

POA should address the agent's fiduciary duties (UPOAA § 114): loyalty, good faith, recordkeeping.

Warning · EST-035

Third-party reliance / acceptance protection

POA should provide third-party reliance / acceptance protection (UPOAA § 119 / § 120).

Warning · EST-036

Notarial acknowledgment + recording (for real property)

Durable POA should carry a notarial acknowledgment; recording is needed where real property is involved.

Critical · EST-037

Execution formalities cannot be verified from text alone

States on every trust, estate and family-law analysis that execution formalities (witnesses, notary, holographic and other state-specific requirements) cannot be verified from the document's text.

Note · EST-060

Every run also applies 104 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.

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  3. Get a Word report in which every finding quotes the clause and cites the rule and source behind it — one of 1,825 checks across 268 document types.
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