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Appointing an Agent

Minors may act as agents, although a minor’s appointment of an agent is generally voidable or void, if otherwise unexceptionable.  In such cases, it will be binding on principals[i].  A mentally incompetent person cannot act as the agent of another always[ii].  One who knowingly appoints another to act as his/her agent is conclusively presumed to guarantee the capacity of such agent to act.

The principal will not be excused by reason of the impairment, if the principal knowingly appoints a mentally impaired person as agent or permits such a person to act for him/her after knowledge of the impairment.  If the principal selects a mentally competent person as agent, the principal is not bound by the acts of such person who thereafter becomes mentally impaired without the principal’s knowledge[iii].  If an intoxicated person is able to understand and execute with skill and fidelity the business entrusted to his/her care, s/he may serve as agent[iv].

[i] Jamesville & W.R. Co. v. Fisher, 109 N.C. 1, 13 S.E. 698 (1891).

[ii] Lyon v. Kent, 45 Ala. 656, 1871 WL 980 (1871)

[iii] Central of Georgia R. Co. v. Hall, 124 Ga. 322 (Ga. 1905)

[iv] Cameron v. Ward, 22 Ga. 168 (Ga. 1857)


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