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Certificate Of Fiduciary Authority Template for United States

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Key Requirements PROMPT example:

Certificate Of Fiduciary Authority

"I need a Certificate of Fiduciary Authority that grants me power to manage my elderly mother's financial affairs and digital assets, including her investment portfolio and bank accounts, starting from January 2025."

Document background
The Certificate Of Fiduciary Authority is a crucial document in U.S. fiduciary relationships that provides formal evidence of a fiduciary's legal authority to act on behalf of another party. It is commonly required by financial institutions, government agencies, and other organizations to verify the scope and legitimacy of a fiduciary's powers. This certificate includes detailed information about the fiduciary's identity, the extent of their authority, any limitations or restrictions, and the legal basis for their appointment. It must comply with both federal regulations and state-specific requirements, particularly in matters involving trusts, estates, guardianships, or power of attorney arrangements.
Suggested Sections

1. Title and Declaration: Formal declaration of fiduciary authority and identification of the document

2. Identification of Parties: Details of the fiduciary and the principal/entity granting authority

3. Scope of Authority: Specific powers and limitations of the fiduciary's authority

4. Term of Authority: Duration and conditions of the fiduciary authority

5. Attestation: Formal statement confirming the authority's validity

Optional Sections

1. Digital Asset Authority: Specific authority regarding digital assets, used when digital assets are part of the estate/trust

2. Investment Powers: Detailed investment authority, included when managing investment accounts

3. Successor Fiduciary Provisions: Details about successor fiduciaries, included when succession planning is needed

Suggested Schedules

1. Schedule A - Asset List: Detailed list of assets under fiduciary control

2. Schedule B - Supporting Documents: Copies of relevant court orders, trust documents, or other authority-granting instruments

3. Appendix A - Signature Requirements: Specific signature and authentication requirements by jurisdiction

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses




















Industries

UFADAA: Uniform Fiduciary Access to Digital Assets Act - Federal legislation governing fiduciary access to digital assets and electronic communications

ERISA: Employee Retirement Income Security Act - Federal law governing fiduciary responsibilities related to retirement accounts and employee benefit plans

IRS Regulations: Federal tax laws and Internal Revenue Service regulations regarding fiduciary responsibilities and tax reporting requirements

State Trust Codes: State-specific laws governing the creation, administration, and enforcement of trusts

State Probate Codes: State-specific laws governing the administration of estates and probate proceedings

State Fiduciary Laws: State-specific regulations governing fiduciary duties, responsibilities, and standards of conduct

Power of Attorney Statutes: State-specific laws governing the creation, scope, and enforcement of power of attorney arrangements

Banking Regulations: Federal and state banking regulations regarding fiduciary accounts and financial institution requirements

SEC Regulations: Securities and Exchange Commission regulations governing fiduciary responsibilities in investment management

Common Law Fiduciary Duties: Legal principles established through case law including duty of loyalty, duty of care, and prudent investor rules

Documentation Requirements: State-specific requirements for document formatting, notarization, and recording of fiduciary instruments

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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