Here is a FAQ answers posted by the VA. I believe that the upshot is that a POA would be considered valid but it must meet state statute requirements and must be very specific as to those powers the representative is being granted. I would be happy to prepare one for you:
Turning to the effect of principles of agency, we note that a power of attorney is "an instrument in writing by which one person, as principal, appoints another as his agent and confers upon such agent the authority to act in the place of the principal for the avowed purposes set forth in the instrument." 2A C.J.S. Agency � 44 (1972). Where an agent acts under a power of attorney, those dealing with the agent must look to the instrument to determine the agent's authority, which is confined to those powers conferred by the instrument. Id. � 150. In general, a power of attorney must be strictly construed and will be held to grant only those powers which are specified therein. The agent may neither go beyond, nor deviate, from the power of attorney. 3 Am. Jur. 2d Agency � 31 (1986); see also Von Wedel v. McGrath, 180 F.2d 716, 718-19 (3d Cir.), cert. denied, 340 U.S. 816 (1950).
Here is a FAQ answers posted by the VA. I believe that the upshot is that a POA would be considered valid but it must meet state statute requirements and must be very specific as to those powers the representative is being granted. I would be happy to prepare one for you:
Turning to the effect of principles of agency, we note that a power of attorney is "an instrument in writing by which one person, as principal, appoints another as his agent and confers upon such agent the authority to act in the place of the principal for the avowed purposes set forth in the instrument." 2A C.J.S. Agency � 44 (1972). Where an agent acts under a power of attorney, those dealing with the agent must look to the instrument to determine the agent's authority, which is confined to those powers conferred by the instrument. Id. � 150. In general, a power of attorney must be strictly construed and will be held to grant only those powers which are specified therein. The agent may neither go beyond, nor deviate, from the power of attorney. 3 Am. Jur. 2d Agency � 31 (1986); see also Von Wedel v. McGrath, 180 F.2d 716, 718-19 (3d Cir.), cert. denied, 340 U.S. 816 (1950).
