Power of attorney
Power of attorney: A written document in which one person (the principal) authorizes another (the agent, or attorney-in-fact) to act on the principal's behalf in legal or financial matters. A durable power of attorney remains effective if the principal becomes incapacitated. Under the Uniform Power of Attorney Act, adopted in many states, a power of attorney is durable unless it expressly provides otherwise (UPOAA § 104).
What power of attorney means
In short, power of attorney is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.
Where power of attorney comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
How to research the term
First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses power of attorney in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.
You can read the current federal court rules online for free.
Related legal terms
- Plaintiff: the person or entity that starts a civil lawsuit by filing a complaint.
- Pleading: a formal written statement of a party's claims or defenses. Under Federal Rule of Civil Procedure 7(a), the pleadings are the complaint, the answer, and certain other listed documents. Motions are not pleadings.
- Pooling and servicing agreement: a contract that governs a securitization trust: how loans are transferred into the trust, and the duties of the depositor, the trustee and the servicer.
- Positive law: for the United States Code, a title that Congress has enacted as law itself. Under 1 U.S.C. § 204, the text of a positive-law title is legal evidence of the law, while the other titles are prima facie evidence of the law.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.