Generally speaking, a principal can give an agent the authority to do any act that the principal could do on his or her own, unless prohibited by public policy or a contractual obligation. Although each state is free to determine its own rules, the following acts are generally not permitted by an agent on behalf of a principal:
- Marriage or Divorce. Matters pertaining to marriage and divorce cannot be delegated to an agent.
- Voting. An agent cannot vote on behalf of a principal.
- Creating, amending or revoking a Last Will and Testament. No state (with the possible exception of the State of Washington) currently allows an agent to create, amend or revoke a Last Will and Testament on behalf of a principal.
- Amending or revoking revocable living trusts. If a revocable living trust provides for the disposition of assets upon the death of the grantor, then the common law provides that an agent cannot act on behalf of the grantor to amend or revoke the trust. However, the law in this regard is not clear in most states, so extreme caution is warranted if this authority is to be considered under a power of attorney.
- Representing a principal in court. An agent may not normally represent a principal in court. The exception, of course, is if the agent is also an attorney at law.
- Bankruptcy. The bankruptcy courts are divided on this issue. One bankruptcy court (the United States Bankruptcy Court for the Eastern District of Virginia) has denied a bankruptcy petition filed by an agent on behalf of a principal. Other bankruptcy courts have permitted such filings.
- Retirement benefits. Neither the Department of Veterans Affairs, the Social Security Administration, nor the United States Office of Personnel Management recognizes an agent under a power of attorney.
