volitust

Volitus is a legal instrument in which a person, the grantor, authorizes another person, the agent or attorney-in-fact, to act on the grantor’s behalf in specified matters. The instrument sets out the scope of authority, the duration, and any limitations on the agent’s powers. It is commonly used to manage financial affairs, property, or personal matters when the grantor cannot act personally.

Volitused can be general, granting broad authority to handle many matters, or special, limiting the agent to particular tasks or transactions. They may be durable (continuing after the grantor becomes incapacitated) or non-durable (ending if the grantor loses capacity). Some volitused are “springing,” taking effect only upon a specified event. The precise forms and terminology vary by jurisdiction, but the core idea is the same: a trusted person acts on behalf of another under defined rules.

Formation and validity typically require a written document. Depending on the nature and jurisdiction, the volitus may need signatures, witnesses, or even notarization or registration, especially for important acts such as the sale of real estate or handling bank matters. A volitus can be revoked by the grantor at any time, and it generally terminates upon the grantor’s death, unless a successor arrangement or a durable provision provides otherwise.

In practice, volitusts enable continuity of decision-making during illness, travel, or absence. They carry risks of abuse or misuse, so careful selection of the agent, precise limits, regular reporting requirements, and clear revocation provisions are advisable. Properly drafted volitusts help protect the grantor’s interests while allowing trusted management of affairs.