A general partner may appoint an attorney in fact as to matters affecting only the interest of that general partner.Ĭomment 6. A designated partner is one appointed under a written resolution or authorization to act on behalf of the partnership. 126 (1943), at page 133.Ībsent evidence of authority to the contrary, a trustee, corporate officer, designated partner, or anyone else acting in an elected or appointive capacity may not appoint an attorney in fact for the purpose of executing a document affecting title to real property. Howard National Bank & Trust Company, 113 Vt. An executor, administrator or guardian may not appoint an attorney in fact for the purpose of executing an instrument affecting an interest in real property. The age of the power of attorney is not relevant to its validity unless the power of attorney expired by its own terms. If the power of attorney is not “durable”, and is being used in a current transaction, an affidavit should be provided if requested and may be recorded. As to requirements for and effect of a durable power of attorney, see Title 14 V.S.A. An attorney representing a purchaser or mortgagee from a grantor acting through an attorney in fact in a current transaction must establish: (a) that the power of attorney authorizes and empowers the attorney in fact to take the action required to convey title (b) that the power is properly executed and, (c) whether the instrument is a “durable power of attorney”. In the case of a deed or other instrument executed pursuant to a durable power of attorney, there is no requirement of competency at the time of the conveyance.Ĭomment 3. 123 or enjoys reciprocity pursuant to Title 14 V.S.A. A deed or other conveyance of lands or of an estate or interest in land, made under a power of attorney, shall not be of any effect unless such power of attorney is executed in conformance with Title 14, Ch.
In the absence of actual knowledge or constructive notice derived from properly indexed instruments in the chain of title to the contrary, a title examiner may presume that an individual grantor who has conveyed property pursuant to a properly executed and recorded power of attorney, whether or not durable, was (a) competent to execute the power of attorney, (b) competent and alive at the time the deed was delivered, and (c) the power of attorney had not been revoked at the time the deed was delivered.Ĭomment 1.
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