Strict Construction, Implied Authority to Act as Attorney-in-Fact

Power of attorney instruments are “strictly construed.” In re Estate of Lambur, 397 S.W.3d 54, 65 (Mo. App. S.D. 2013). While the definition of strict construction varies depending on who you ask, most agree that it calls for a more narrow, literal interpretation of a document. A strict construction, though, does not preclude “implied authority to act” in a power of attorney. Ingram v. Brook Chateau, 586 S.W.3d 772, 775 (Mo. 2019).

More specifically, authority to conduct a transaction includes authority to do acts which are “incidental to it, usually accompany it, or are reasonably necessary to accomplish it.” Id. An agent’s incidental authority in a power of attorney is defined by the principal’s purpose in granting the authority.” Id.

 

 

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