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I. Introduction 209 II. Discussion 219 A. A Short History of Durability in the Uniform Laws Context 219 1. Model Special POA for Small Property Interests Act (1964) 220 2. [...]

I. INTRODUCTION II. POWERS OF ATTORNEY A. Definitions B. Three Types of Powers of Attorney C. Three Important Issues Raised with a Power of Attorney 1. Is the Principal Competent? [...], ERISA is a federal law that generally regulates employee welfare and retirement benefit plans. One of ERISA 's central purposes is to allow plan administrators to apply uniform laws of administration nationwide. In this Article, the relationship between ERISA and state power of attorney laws is examined, especially as it relates to clients of trust and estate attorneys. Specifically, the author seeks to address whether state law can compel a plan to accept the instructions of an attorney-in-fact. The Article begins with overviews ofpowers of attorneys and ERISA preemption powers. It then addresses specific instances when ERISA completely preempts state powers of attorney laws and analyzes the potential effects of complete preemption. The Article then discusses policies that plans should adopt for accepting powers of attorney. The Article concludes that a participant's use of a power of attorney to delegate investment discretion to someone who is not an investment manager as defined by ERISA would impermissibly conflict with ERISA, and that any state power of attorney law that would compel a plan to recognize such a delegation of authority is therefore pre-empted.

Author's Synopsis: This Article discusses alternative methods for monitoring those who become agents under durable powers of attorney. A durable power of attorney presents an easily abused principal/agent relationship because [...]

ABSTRACT In this Article, the Author discusses the issues arising under the current power of attorney law in Alaska and the impact the law has on Alaskan elders. The Author [...]