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Power of attorney

Also known as: POA

A power of attorney is a legal document that authorizes one person (the agent or attorney-in-fact) to act on behalf of another (the principal). In brokerage accounts, it lets a third party place trades or manage the account for the owner.

A power of attorney (POA) is a written legal authorization in which one person — the principal — grants another person, the agent or attorney-in-fact, the authority to act on their behalf. In the securities industry, a POA is the document that lets someone other than the account owner make decisions in a brokerage account.

POAs come in different scopes. A limited (special) power of attorney restricts the agent to specific actions — for a brokerage account, typically the authority to buy and sell securities but not to withdraw assets. A full power of attorney goes further, allowing the agent to deposit and withdraw funds and securities as well as trade. When a customer grants trading authority to their registered representative, the account becomes a discretionary account and requires written authorization plus principal approval before discretion is exercised.

Durability is the other key distinction. A standard POA automatically terminates if the principal becomes mentally incapacitated — precisely when it might be most needed. A durable power of attorney survives the principal's incapacitation, which makes it common in estate and elder-care planning. Every POA, durable or not, ends at the principal's death; after that, only the executor of the estate can direct the account.

The SIE, Series 7, and Series 66 exams all test third-party authorizations on brokerage accounts. Know the difference between full and limited POAs, what makes a POA durable, and that death of the principal revokes the authorization.

Key takeaways

  • A power of attorney authorizes an agent (attorney-in-fact) to act on behalf of a principal.
  • A limited POA on a brokerage account allows trading only; a full POA also permits withdrawals of cash and securities.
  • A durable POA remains effective if the principal becomes incapacitated; a standard POA does not.
  • All POAs terminate at the principal's death, when authority passes to the estate's executor.
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Where you'll learn this

Power of attorney is covered in these Achievable courses — jump straight to the textbook sections that teach it, or explore the full course with practice questions and exams:

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