HOW TO APPOINT IN SPAs

When dealing with Special Powers of Attorney (SPAs), can you legally authorize a company to act as your Attorney-in-Fact (AIF)?

The quick answer is no. You must specify an individual within the company to appoint as your AIF. Without this clarity, the recipient of the SPA won't know who within the company holds the authority.

Here’s an example of how to properly write this:

"...do hereby name, constitute, and appoint [NAME 1] and/or [NAME 2] and/or [NAME 3], representing ABC COMPANY INC., with office address at ___, to be my true and lawful ATTORNEYS-IN-FACT..."

Notice the use of "and/or" between the names. This indicates that any one of the listed individuals has the authority to act under the powers stated in the SPA. While it might be grammatically unconventional, this wording can prevent issues, as we learned from a challenging experience with a financial institution.