Contracts entered into by a minor are voidable subject to certain exceptions. Therefore, a minor’s appointment of an agent or attorney and their acts are voidable, unless if the act with reference to which the appointment of the agent or attorney is made for is one which would be void if performed by the minor[i].  A minor can ratify or affirm such appointment[ii]. 

However, on the theory that the minor cannot impart a power to others which the minor does not personally possess, a minor’s appointment of an agent or attorney and the acts are not merely voidable, but void[iii].  A person who is not in a mental condition to contract and conduct business is not competent to appoint an agent[iv].  A court may appoint an agent for such a person[v]. 

[i] In re Farley, 213 N.Y. 15 (N.Y. 1914); Scott v. Schisler, 107 N.J.L. 397 (Sup. Ct. 1931)

[ii] Whitney v. Dutch, 14 Mass. 457 (Mass. 1817)

[iii] Ragan v. Williams, 220 Ala. 590 (Ala. 1930); Siegelstein v. Fenner & Beane, 66 Ga. App. 345, 17 S.E.2d 907 (1941).

[iv] Allore v. Jewell, 94 U.S. 506, 24 L. Ed. 260 (1876);

[v] Mitchell v. State, 179 Miss. 814 (Miss. 1937)