We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What Is Express Authority?

Malcolm Tatum
Updated: May 16, 2024

Express authority is a situation in which an individual or entity provides definitive and unambiguous privileges of representation to a particular party, with the ability to make decisions on behalf of that entity within a clearly defined scope of situations. Typically, express authority is provided in a written format that is considered legally binding, or at the very least provided verbally with witnesses who can attest that the authority was extended voluntarily on the part of the entity. Authority of this type of usually provided to an agent or legal counsel who can then use these privileges to act in the best interests of the client.

The concept of express authority is very different from that of implied authority. With the former, there is evidence that the right to act in the name of the individual, business, or other organization was intentionally provided to a specific party, usually with specific limitations on the scope of that authority. In the case of the latter, the implied authority does not have the benefit of specific events that confirm the transfer of authority to the agent or counsel, but draws the conclusion that the authority is there based on past relationships between the parties involved. In various legal situations, both forms of authority are recognized, although providing implied authority is sometimes more difficult than presenting evidence of express authority.

There are a number of situations in which express authority can be very helpful. Company owners who plan to be away for a period of time may bestow this type of authority on a trusted employee in the interim, making it possible for that employee to deal with certain types of operational and other business matters in the absence of the owner. In like manner, an individual who is facing a long recuperative period from an illness may choose to transfer authority for managing finances and other types of assets to a trusted relative or other loved one for the duration of that recuperation, making sure that the interests of the patient are protected at all times. Attorneys can provide counsel on any laws and regulations regarding the extension of express authority that may exist in the jurisdiction in which the parties reside, and aid in drafting the necessary documents to ensure the transfer of authority is managed in a manner that protects the rights of both the agent and the individual granting the authority.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Malcolm Tatum
By Malcolm Tatum
Malcolm Tatum, a former teleconferencing industry professional, followed his passion for trivia, research, and writing to become a full-time freelance writer. He has contributed articles to a variety of print and online publications, including MyLawQuestions, and his work has also been featured in poetry collections, devotional anthologies, and newspapers. When not writing, Malcolm enjoys collecting vinyl records, following minor league baseball, and cycling.
Discussion Comments
Malcolm Tatum
Malcolm Tatum
Malcolm Tatum, a former teleconferencing industry professional, followed his passion for trivia, research, and writing...
Learn more
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.