QUESTION

When does a power of attorney end?

Asked on Jul 10th, 2013 on Patents - Michigan
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7 ANSWERS

A power of attorney terminates when it is revoked by the person who made the power of attorney (the principal), upon the death of the principal, or when it expires according to its own terms.
Answered on Jul 14th, 2013 at 9:09 PM

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It is not clear from the statement of the question about what sort of power of attorney is in place and what the purpose of that power of attorney is. We will assume for the purposes of this discussion that it is a power of attorney signed by an inventor giving his/her patent counsel power of attorney to transact business with the United States Patent and Trademark Office for the purposes of prosecuting a patent application. In that context, a power of attorney ends when a subsequent power of attorney is prepared and executed revoking any previous power of attorney, or when a Request to Withdraw as Attorney is filed and granted by the United States Patent and Trademark Office. In other more general contexts, a power of attorney may end when the matter for which it was prepared and executed ends, or when certain conditions stated on the power of attorney itself are met. You should, of course, seek the advice of counsel for guidance along with your particular fact scenario so that a power of attorney can be prepared and executed to best meet your business objectives.
Answered on Jul 14th, 2013 at 11:18 AM

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Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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When the reason for the power has be completely satisfied or if there is a period of time specified therein arrives.
Answered on Jul 11th, 2013 at 5:59 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Typically the power of attorney document has a termination specified in it - completion of a task, or an actual date. If not - it can simply be revoked by the person that granted it by written notice of revocation to the holder of the poa.
Answered on Jul 11th, 2013 at 7:48 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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A Power of Attorney ends when the person granting the authority revokes the authority or upon that person's death.
Answered on Jul 11th, 2013 at 7:41 AM

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Good question. Answer: it depends. For example, at least: 1. It can be revoked. 2. It can end by its own terms (the document giving the power of attorney can include a termination date). 3. It can end by law (depending of what the power of attorney is for, and the jurisdiction). 4. Death As you can see, if you have specific circumstances in mind, more information would be necessary to provide a succinct response. ps- you indicated your question concerns patent law. Does your question concern a power of attorney for patent prosecution?
Answered on Jul 10th, 2013 at 11:03 PM

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Intellectual Property Attorney serving Southfield, MI at Gerald R. Black
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If you are mentally competent and 18 years of age, you may end a Power of Attorney at any time, unless there is some provision in the Power which prevents you from doing so.
Answered on Jul 10th, 2013 at 8:50 PM

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