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Assignments, Disclaimers and Powers of Appointment

          Assignments, Disclaimers and Powers of Appointment can alter the distribution of a decedent’s estate.    

          First what is and who can make an assignment? A person who has a vested — legally enforceable — interest in a decedent’s estate can “assign” – i.e., transfer – part or all of their interest to another. Generally, an inheritance vests upon the decedent’s death.  An assignment is a gift by the assignor making the assignment to the assignee receiving the assigned interest.    Assignments create tax issues for both the assignor and assignee.   

          For example, consider an unmarried father who dies intestate — without a will or trust – and is survived by a son and a daughter — his heirs.  Prior to settling dad’s estate, the son decides to give his one-half share to his sister and signs and notarizes an assignment of inheritance rights.  The assignment is then filed with the Court.  Dad’s estate, less expenses and debts, is distributed entirely to the daughter. 

          If an interest in real property inherited from a parent is assigned then the parent child exclusion from reassessment — for local real property taxes — only applies to the interest(s) belonging to the child(ren) who do not assign their interest(s).  There is no reassessment exclusion for any transfers between siblings.

          Assignments, however, almost never apply to a beneficiary’s interests in a trust.  Usually, a trust prohibits beneficiaries from assigning their interest in the trust before distribution.  The anti-assignment provision protects undistributed trust assets from claims by a beneficiary’s creditors. 

          Next, disclaimers are used when a beneficiary, or heir, refuses to accept a gift or inheritance.  You cannot force someone to receive a gift or an inheritance.  To be valid disclaimers must satisfy the following requirements: be unconditional, be in writing, and be timely (i.e., generally, within nine months of the transfer), and, when real property is involved, also be filed with the county recorder where the real property lies.  Unlike assignments, the person disclaiming their interest cannot say who receives the disclaimed interest.  A disclaimer is not a gift by the person disclaiming.  Lastly, one cannot have accepted any benefits from the property being disclaimed, such as the income from an income producing asset. 

          The person disclaiming their gift or inheritance is treated as if they had predeceased the person who made the gift.  We see who is then entitled to inherit. 

          For example, a decedent’s trust leaves a share of the decedent’s trust estate to a named beneficiary and otherwise, if he does not survive to inherit, to the beneficiary’s descendants by right of representation.  The beneficiary survives and timely disclaims.  The beneficiary’s living descendants would then inherit by right of representation. 

          Unlike assignments and disclaimers, powers of appointment are created within a person’s estate planning, e.g., a trust or will, for future use.  A power of appointment allows the power holder to say who receives a gift/distribution from a trust or an estate.  The power of appointment is either a limited power that allows gifting to certain persons or is a general power that allows gifting to anyone at all, including the power holder, the power holder’s estate and the power holder’s creditors.  Powers of appointment are used for a variety of estate planning reasons. 

          For example, a husband’s and wife’s joint estate planning may give the spouse who survives a limited power of appointment over the deceased spouse’s separate trust estate.  The limited power of appointment might allow the deceased spouse’s estate to be divided equally or unequally amongst the deceased spouse’s children as the surviving spouse sees fit after the deceased spouse’s death.

          Anyone who wants to proceed with making an assignment, a disclaimer or exercise of a power of appointment should consult a qualified attorney.  There are tax and other issues to discuss and drafting requirements to these legal instruments that benefit from the expertise of a qualified attorney. 

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Assignments, disclaimers and powers of appointment can alter the distribution of a decedent’s estate, each can alter the distribution of a decedent’s estate.

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First, what is and who can make an assignment? A person who has a vested — legally enforceable — interest in a decedent’s estate can “assign” – i.e., transfer – part or all of their interest to another. Generally, an inheritance vests upon the decedent’s death.  An assignment is a gift by the assignor making the assignment to the assignee receiving the assigned interest. Assignments create tax issues for both the assignor and assignee.

For example, consider an unmarried father who dies intestate — without a will or trust – and is survived by a son and a daughter — his heirs.  Prior to settling dad’s estate, the son decides to give his one-half share to his sister and signs and notarizes an assignment of inheritance rights.  The assignment is then filed with the Court. Dad’s estate, less expenses and debts, is distributed entirely to the daughter.

If an interest in real property inherited from a parent is assigned then the parent child exclusion from reassessment — for local real property taxes — only applies to the interest(s) belonging to the child(ren) who do not assign their interest(s).  There is no reassessment exclusion for any transfers between siblings.

Assignments, however, almost never apply to a beneficiary’s interests in a trust.  Usually, a trust prohibits beneficiaries from assigning their interest in the trust before distribution.  The anti-assignment provision protects undistributed trust assets from claims by a beneficiary’s creditors.

Next, disclaimers are used when a beneficiary, or heir, refuses to accept a gift or inheritance.  You cannot force someone to receive a gift or an inheritance. To be valid disclaimers must satisfy the following requirements: be unconditional, be in writing, and be timely (i.e., generally, within nine months of the transfer), and, when real property is involved, also be filed with the county recorder where the real property lies.  Unlike assignments, the person disclaiming their interest cannot say who receives the disclaimed interest. A disclaimer is not a gift by the person disclaiming. Lastly, one cannot have accepted any benefits from the property being disclaimed, such as the income from an income producing asset.

The person disclaiming their gift or inheritance is treated as if they had predeceased the person who made the gift.  We see who is then entitled to inherit.

For example, a decedent’s trust leaves a share of the decedent’s trust estate to a named beneficiary and otherwise, if he does not survive to inherit, to the beneficiary’s descendants by right of representation.  The beneficiary survives and timely disclaims. The beneficiary’s living descendants would then inherit by right of representation.

Unlike assignments and disclaimers, powers of appointment are created within a person’s estate planning, e.g., a trust or will, for future use.  A power of appointment allows the power holder to say who receives a gift/distribution from a trust or an estate. The power of appointment is either a limited power that allows gifting to certain persons or is a general power that allows gifting to anyone at all, including the power holder, the power holder’s estate and the power holder’s creditors.  Powers of appointment are used for a variety of estate planning reasons.

For example, a husband’s and wife’s joint estate planning may give the spouse who survives a limited power of appointment over the deceased spouse’s separate trust estate.  The limited power of appointment might allow the deceased spouse’s estate to be divided equally or unequally amongst the deceased spouse’s children as the surviving spouse sees fit after the deceased spouse’s death.

Anyone who wants to proceed with making an assignment, a disclaimer or exercise of a power of appointment should consult a qualified attorney.  There are tax and other issues to discuss and drafting requirements to these legal instruments that benefit from the expertise of a qualified attorney.

Dennis A. Fordham, Attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at [email protected] and 707-263-3235.

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Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

Founded in 1939, our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm.

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  • POWER OF ASSIGNMENT ORDERS IN JUDGMENT ENFORCEMENT

power of assignment

A staple in a judgment enforcement lawyers toolbox is the assignment order. Essentially, it is a Court-ordered assignment of rights of the debtor to receive payments,  which diverts those payments away from the debtor, and cause them to be made to Creditor instead. Similar to a wage garnishment, but covering just about any sort of payments imaginable, it is one of the broadest remedies in the Enforcement of Judgments Law (EJL).

power of assignment

AI art by Richard Evanns

An incomplete list of payments covered by assignment orders appears in  Code of Civil Procedure 708.510 :

*Rents and lease payments

*Royalties and residuals

*Commissions, Stipends, Draws, other non-wage compensation

*Money paid by insurance policies

However, because the code is clear that the list “includes but is not limited to” the things listed, assignment orders cover just about every payment type you can think of. It can also include a restraining order preventing transfer of the payments, under  Code of Civil Procedure Section 708.520 .

Another great thing about assignment orders as a judgment collection mechanism is that, what the Court considers “payments to the debtor” can be construed in multiple ways, and assignment orders can grab money that would otherwise require going after third parties, to get. Thus, if a debtor has diverted payments away from his/herself to somewhere else, you can “re-divert” them back, and take them.*

Examples of this are:

Los Angeles Judgment Enforcement Case #1 : Debtor was working for his own company, but wasn’t getting paid. His ex wife was mysteriously getting $20000.00 per month from the company, even though she had never set foot in, or worked for, the business. We asked the court to divert those payments which the ex-wife was getting, to us, based on the fact that this was really money the debtor was earning, he was just paying it to someone else. The Court agreed, and granted the order.

Los Angeles Judgment Enforcement Case #2 : Debtor owned a 40% of a large warehouse property. The rent was being paid to a relative of his, and he stated that he transferred the property to this relative (but the documents provided were inconclusive on this point) We asked for an assignment of rents, because even though the money was going to another person, the debtor owned the property, and therefore, those were the debtors rents, in reality. Court agreed, and we received $7000 per month for years on this case.

The list goes on, but the point is illustrated: Money that is going to third parties, but which can be shown to  “actually” belong to the debtor, can be garnished.* The idea of what “actually belongs” to whom, is a topic for another time, but one which we promise we will write about.

Lastly, Assignment orders  be very broad in not only in terms of the types of payments, but in terms of the additional things that can be in iters. Examples of this are:

*Court can order debtor to submit monthly accountings of all moneys subject to the order

*Court can order Debtor to collect all the money, account for it, and pay it over the creditor himself, in situations where the creditor cannot serve the assignment order on all the payment sources (Example, Debtor was a salesman and did not know who his future customers would be that would be paying him; Court ordered debtor to keep records of all customers he solicited and who actually paid him and how much, and to pay Creditor at end of month )*

Assignment orders , like many remedies in judgment enforcement, can range from extremely simple and straightforward, to extremely creative, and everything in between.

If you ever want to talk about it, Evanns Collection Law is a Los Angeles Judgment Enforcement Law Firm. Our judgment enforcement attorneys have been enforcing judgments in Los Angeles and throughout Southern California since 2011. We write articles to inform and help others regarding enforcing their judgments.  We love what we do and are happy to talk to clients and other practitioners regarding their judgment collection needs. Phone calls are always free. Call us!

*: Note , this is NOT in the code, this is strictly something that needs to be argued in front of the judge, and the judge needs to be convinced of it. No warranties or representations are made that this will always work or ever work for you; Each case depends on facts and evidence. Always consult a judgment collection attorney with such matters.

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POWER OF ATTORNEY

How to assign power of attorney.

By Jeff Franco J.D./M.A./M.B.A.

power of assignment

  • How to Get Power of Attorney in Florida

Hands typing on laptop

Assigning power of attorney (POA) to another individual or organization to act as your agent requires a written document that states the authority you are granting and bears your original signature. Most states use the same set of fundamental rules for creating a POA; however, you should familiarize yourself with the specific rules of your jurisdiction to assess whether additional requirements exist. Failure to satisfy all requirements can result in courts declaring the POA is invalid.

Choose the person or organization you wish to act as your agent. When contemplating which person or organization to assign POA to, there are a number of factors you should consider such as trustworthiness, the agent’s knowledge of the transactions and personal issues she will be handling on your behalf and her place of residence or office location. Read More: How to Become the Power of Attorney for a Disabled Person

Select the type of power you wish to assign to the agent. The three POA categories include the assignment of general powers, special powers and health care powers. General power allows your agent to control most of your personal affairs, the special power limits the types of transactions or issues the agent has authority over and the health care power only allows your agent to make health-related decisions on your behalf when you are mentally incompetent to make such decisions for yourself.

Determine the length of time you need the POA to remain valid. You can assign power to an agent for as short or long of a period as you desire. However, you should carefully choose a duration that is sufficient to meet the underlying purpose of your POA.

Memorialize the POA in writing. If you are not using a standard POA form that’s specific to your state, you must insure that the document is free of ambiguities and provides clear instructions on the powers you are assigning. Drafting a document that includes ambiguous terms makes the POA more vulnerable to validity challenges in court by third parties, which can ultimately frustrate the goals you wish to achieve when creating the POA.

Sign the document in the presence of notary. At a minimum, you must always include the signature of a notary who verifies your identity and is present at the time you sign the POA document. However, it’s also beneficial to include the signature of an additional witness, such as a close family member or friend.

All three types of POAs can include provisions that render it a durable POA. Durability clauses within the POA document allow your agent to continue acting on your behalf in the event you become mentally incompetent prior to the original expiration date. For example, if your POA is valid for three years, and at the end of the third year you become mentally incompetent, durability automatically extends the duration of the document until you regain mental competency. Including a durability clause is important because all state laws deem a POA invalid if you create it during a period you are mentally incompetent.

  • The Lectric Law Library: Power of Attorney
  • National Caregivers Library: What Is Power Of Attorney?

Jeff Franco's professional writing career began in 2010. With expertise in federal taxation, law and accounting, he has published articles in various online publications. Franco holds a Master of Business Administration in accounting and a Master of Science in taxation from Fordham University. He also holds a Juris Doctor from Brooklyn Law School.

Related Articles

  • North Dakota Power of Attorney Laws
  • How to Change Power of Attorney
  • Specific Power of Attorney for Real Estate
  • Blogs @Oregon State University

Ecampus Course Development and Training

Providing inspiration for your online class.

power of assignment

The Power of an Assignment’s Purpose Statement

An illustration of a person kneeling and question marks around

Have you ever been assigned a task but found yourself asking: “What’s the point of this task? Why do I need to do this?” Very likely, no one has informed you of the purpose of this task! Well, it likely was because that activity was missing to show a critical element: the purpose. Just like the purpose of a task can be easily left out, in the context of course design, a purpose statement for an assignment is often missing too.

Creating a purpose statement for assignments is an activity that I enjoy very much. I encourage instructors and course developers to be intentional about that statement which serves as a declaration of the underlying reasons, directions, and focus of what comes next in an assignment. But most importantly, the statement responds to the question I mentioned at the beginning of this blog… why… ?

Just as a purpose statement should be powerful to guide, shape, and undergird a business (Yohn, 2022), a purpose statement for an assignment can guide students in making decisions about using strategies and resources, shape students’ motivation and engagement in the process of completing the assignment, and undergird their knowledge and skills.  Let’s look closer at the power of a purpose statement.

What does “purpose” mean?

Merriam-Webster defines purpose as “ something set up as an object or end to be” , while Cambridge Dictionary defines it as “why you do something or why something exists”. These definitions show us that the purpose is the reason and the intention behind an action.

Why a purpose is important in an assignment?

The purpose statement in an assignment serves important roles for students, instructors, and instructional designers (believe it or not!).

For students

The purpose will:

  • answer the question “why will I need to complete this assignment?”
  • give the reason to spend time and resources working out math problems, outlining a paper, answering quiz questions, posting their ideas in a discussion, and many other learning activities.
  • highlight its significance and value within the context of the course.
  • guide them in understanding the requirements and expectations of the assignment from the start.

For instructors

  • guide the scope, depth, and significance of the assignment.
  • help to craft a clear and concise declaration of the assignment’s objective or central argument.
  • maintain the focus on and alignment with the outcome(s) throughout the assignment.
  • help identify the prior knowledge and skills students will be required to complete the assignment.
  • guide the selection of support resources.

For instructional designers

  • guide building the structure of the assignment components.
  • help identify additional support resources when needed.
  • facilitate an understanding of the alignment of outcome(s).
  • help test the assignment from the student’s perspective and experience.

Is there a wrong purpose?

No, not really. But it may be lacking or it may be phrased as a task. Let’s see an example (adapted from a variety of real-life examples) below:

Project Assignment:

“The purpose of this assignment is to work in your group to create a PowerPoint presentation about the team project developed in the course. Include the following in the presentation:

  • Purpose of project
  • Target audience
  • Application of methods
  • Recommendations
  • Sources (at least 10)
  • Images and pictures

The presentation should be a minimum of 6 slides and must include a short reflection on your experience conducting the project as a team.”

What is unclear in this purpose? Well, unless the objective of the assignment is to refine students’ presentation-building skills, it is unclear why students will be creating a presentation for a project that they have already developed. In this example, creating a presentation and providing specific details about its content and format looks more like instructions instead of a clear reason for this assignment to be.

A better description of the purpose could be:

“The purpose of this assignment is to help you convey complex information and concepts in visual and graphic formats. This will help you practice your skills in summarizing and synthesizing your research as well as in effective data visualization.”

The purpose statement particularly underscores transparency, value, and meaning. When students know why, they may be more compelled to engage in the what and how of the assignment. A specific purpose statement can promote appreciation for learning through the assignment (Christopher, 2018).

Examples of purpose statements

Below you will find a few examples of purpose statements from different subject areas.

Example 1: Application and Dialogue (Discussion assignment)

power of assignment

Courtesy of Prof. Courtney Campbell – PHL /REL 344

Example 2: An annotated bibliography (Written assignment)

power of assignment

Courtesy of Prof. Emily Elbom – WR 227Z

Example 3: Reflect and Share (Discussion assignment)

power of assignment

Courtesy of Profs. Nordica MacCarty and Shaozeng Zhang – ANTH / HEST 201

With the increased availability of language learning models (LLMs) and artificial intelligence (AI) tools (e.g., ChatGPT, Claude2), many instructors worry that students would resort to these tools to complete the assignments. While a clear and explicit purpose statement won’t deter the use of these highly sophisticated tools, transparency in the assignment description could be a good motivator to complete the assignments with no or little AI tools assistance.

“ Knowing why you do what you do is crucial ” in life says Christina Tiplea. The same applies to learning, when “why” is clear, the purpose of an activity or assignment can become a more meaningful and crucial activity that motivates and engages students. And students may feel less motiavted to use AI tools (Trust, 2023).

Note : This blog was written entirely by me without the aid of any artificial intelligence tool. It was peer-reviewed by a human colleague.

Christopher, K. (02018). What are we doing and why? Transparent assignment design benefits students and faculty alike . The Flourishing Academic .

Sinek, S. (2011). Start with why . Penguin Publishing Group.

Trust, T. (2023). Addressing the Possibility of AI-Driven Cheating, Part 2 . Faculty Focus.

Yohn, D.L. (2022). Making purpose statements matter . SHR Executive Network.

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What Is a Power of Attorney (POA)?

  • How a POA Works
  • Health Care POA
  • Financial POA
  • How to Set Up a POA
  • Choosing a POA

The Bottom Line

  • Trust & Estate Planning

Power of Attorney (POA): Meaning, Types, and How and Why to Set One Up

How this can legally impact your finances, property, or medical care

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and behavioral finance. Adam received his master's in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

power of assignment

Investopedia / Laura Porter

A power of attorney (POA) is a legal authorization that gives the agent or attorney-in-fact the authority to act on behalf of an individual referred to as the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care.

POAs can be financial or they can pertain to health care. Both provide the attorney-in-fact with general or limited powers.

Key Takeaways

  • A power of attorney is a legal document that gives one person the power to act for another.
  • The person who receives the authority is referred to as the agent or attorney-in-fact.
  • The subject of the POA is called the principal.
  • The agent can have broad legal authority or limited authority to make decisions about the principal's property, finances, or medical care.
  • A durable power of attorney continues to remain in effect if the principal becomes ill or disabled and cannot act personally.

How a Power of Attorney (POA) Works

A power of attorney is a legal document that binds the agent or attorney-in-fact and the principal. It's used in the event of a principal's temporary or permanent illness or disability or when they can't sign necessary documents. Both parties must sign the document and a third party is usually required to witness it.

Most POA documents authorize the agent to represent the principal in all property and financial matters as long as the principal’s mental state of mind is good. The agreement automatically ends if the principal becomes incapable of making decisions for themself.

A power of attorney can end for several reasons, such as when the principal revokes the agreement or dies, when a court invalidates it, or when the agent can no longer carry out the responsibilities outlined in the agreement. In the case of a married couple, the authorization may be invalidated if the principal and the agent divorce.

Someone who wants the power of attorney to remain in effect after their health deteriorates should sign a durable power of attorney (DPOA). This remains in force even if the person they're representing becomes mentally or physically incapacitated but it doesn't persist after the principal's death. The authority is also voided if the power of attorney isn't designated as durable and the client becomes mentally incapacitated.

There are many good reasons to make a power of attorney because it ensures that someone will look after your financial affairs if you become incapacitated. But signing a POA that grants broad authority to an agent is very much like signing a blank check.

Types of Powers of Attorney

A durable POA takes effect when the document is signed and continues in the case of incapacitation of the principal. A springing power of attorney comes into effect only if and when the principal becomes incapacitated. A power of attorney may also be limited to only medical matters, enabling the agent to make crucial decisions on behalf of an incapacitated person.

The two key types of POAs are financial and health care.

Health Care Power of Attorney (HCPOA)

The principal can sign a durable health care POA (HCPOA) if they want an agent to have the power to make health-related decisions for them. This document is also called a health care proxy . It outlines the principal’s consent to give the agent POA privileges in the event of an unfortunate medical condition. This POA kicks in when the principal can no longer make health-related decisions on their own.

Financial Power of Attorney

A financial POA allows an agent to manage the business and financial affairs of the principal, such as signing checks, filing tax returns, depositing Social Security checks , and managing investment accounts when and if the principal becomes unable to understand or make decisions.

The agent must carry out the principal’s wishes to the best of their ability, at least to the extent of what the agreement spells out as being the agent’s responsibility. A financial POA can give the agent a wide range of power over the principal's bank account, including the ability to make deposits and withdrawals, sign checks, and make or change beneficiary designations.

Financial POAs can be divided up into several categories.

General Power POA

This POA allows the agent to act on behalf of the principal in all matters as allowed by state law. The agent under such an agreement may be authorized to handle bank accounts, sign checks, sell property, manage assets, and file taxes for the principal.

Limited POA

A limited power of attorney gives the agent the power to act on behalf of the principal in specific matters or events.

It might explicitly state that the agent is only permitted to manage the principal's retirement accounts. This type of POA may be in effect for a specific period. The authorization might be effective only for two years if the principal will be out of the country for that length of time.

Durable Power of Attorney (DPOA)

A durable POA (DPOA) remains in control of certain legal, property, or financial matters that are specifically spelled out in the agreement even if and when the principal becomes mentally incapacitated. A DPOA can pay medical bills on behalf of the principal but the durable agent can't make decisions related to the principal's health, such as taking them off life support.

Springing Power of Attorney

The conditions for which a durable POA may become active are set up in a document called a "springing" power of attorney. A springing POA defines the kind of event or level of incapacitation that should occur before the DPOA springs into effect.

A power of attorney can remain dormant until a negative health occurrence activates it to a DPOA. A springing power of attorney should be very carefully worded to avoid any problems in identifying precisely when and if the triggering event has happened.

An individual who's appointed as the agent in a power of attorney is not necessarily an attorney. The person could be a trusted family member, friend, or acquaintance.

How to Set Up a Power of Attorney

You can buy or download a POA template but be sure it's for your state because requirements can differ. There's no standard POA form for all 50 states, although all states do accept some version of a durable power of attorney.

A few key powers cannot be delegated, including the right to make, amend, or revoke a will or contract a marriage in most states, although a handful of states do allow this. You can't delegate the power to vote but the guardian can request a ballot on behalf of the principal.

Some rules generally apply in all states and jurisdictions.

Put It in Writing

Some regions of the country accept oral POA grants but verbal instruction isn't a reliable substitute for spelling out the terms word-for-word on paper. Written clarity helps to avoid arguments and confusion later at a crucial time.

Use the Proper Format

Decide what powers you want to grant and prepare a POA that's specific to that desire. The POA must also satisfy the requirements of your state. Perform an Internet search or ask a local estate planning professional to help you find a form that will be accepted by a court of law in the state where you live. The best option is to seek the help of an attorney.

Delegate the Powers

A POA can be as broad or as limited as the principal wishes but each of the powers granted must be clear even if the principal grants the agent a general POA. The principal can't grant sweeping, nonspecific authority such as, “I delegate all things having to do with my life.”

Specify Durability

A POA terminates if the principal becomes incapacitated in most states. The only way an agent can keep their power if this happens is if the POA is written with an indication that it's durable. This designation makes it last for the principal's lifetime unless the principal revokes it.

Notarize the POA

Powers of attorney must be notarized in most states. It's potentially easier for the agent if a notary’s seal and signature are on the document even in states that don't require it.

File the POA

Some states require that specific kinds of POAs be filed with a court or government office before they can be made valid so look into the rules where you live. Ohio requires that any POA used to grant grandparents guardianship over a child must be filed with the juvenile court. It also requires that a POA that transfers real estate must be recorded by the county in which the property is located.

Not all powers of attorney must be formally recorded or filed but it's a standard practice for many estate planners and individuals who want to create a record that the document exists. File it with your state or county to be on the safe side.

You can start the process of establishing a power of attorney by locating a lawyer who specializes in family or estate law in your state. Legal services offices that are staffed with credentialed attorneys exist in virtually every part of the United States if attorney fees are more than you can afford. Visit the Legal Services Corporation's website and use the " Get Legal Help " search function. Clients who qualify will receive pro bono cost-free assistance.

Choosing an Agent

A POA grants immense ownership authority and responsibility. It's a matter of life and death in the case of a medical POA. You could find yourself facing financial privation or bankruptcy if you end up with a mishandled or abused durable POA. Choose your agent with the greatest care to ensure your wishes are carried out to the greatest extent possible.

It's critical to name someone who is both trustworthy and capable to serve as your agent. Any mistakes may be difficult to correct and there may be a danger of self-dealing depending on the extent of the powers you grant. An agent may have access to your bank accounts, the power to make gifts and transfer your funds, and the ability to sell your property.

Your agent can be any competent adult, including a professional such as an attorney, accountant, or banker. But they may also be a family member such as a spouse, an adult child, or another relative. Naming a family member as your agent saves the fees a professional would charge and may also keep confidential information about your finances and other private matters “in the family."

Naming Your Child As Your Agent

Parents who create POAs often choose their adult children to serve as their agents. The relative youth of the child is an advantage when the purpose of the POA is to relieve a parent of the burden of managing the details of financial and investment affairs or provide management for their affairs should they become incapacitated.

A spouse who is near the same age as the person creating the POA may come to suffer the same debilities that led the POA’s creator to establish the POA in the first place. A child who is honest, capable, and who respects the parent’s desires can be a good choice for an agent but there may be complications.

Parents may struggle with the decision of who to select if they have more than one child. The good news is that you can have multiple POAs naming separate agents and customize them for each child’s skill set, temperament, and ability to act on your behalf. Specific abilities of your children may make them best suited to take on particular roles in managing your affairs.

You can use limited POAs to give each child different, defined, and limited power over specific aspects of your finances:

  • Managing everyday expenses of the family
  • Receiving income from and paying expenses on real estate
  • Controlling a financial portfolio
  • Managing insurance and annuities
  • Running a family’s small business

Choosing Multiple Agents

More than one agent can be named in a POA, either with the authority to act separately or they can be required to act jointly. Having two agents who are separately authorized to manage routine items can be a convenience if one becomes unavailable for some reason. Requiring two or more to agree on major actions like selling a house can ensure family agreement over major decisions.

But naming multiple agents can cause problems if disputes arise between them. An investment account may be effectively frozen if two agents are required to act jointly in managing it but they disagree as to how to do so. Be sure that your chosen agents not only have the skills for the task but personalities to cooperate.

A general POA enables the agent to act with the authority of the POA’s creator in all matters. A special POA can limit that authority to a specific subject, such as managing an investment account, or to a limited time when the creator of the POA is unavailable.

Maybe one of your agents is a busy financial expert who lives in a distant city and another works part-time and lives conveniently close by. You can have one POA that names the first to manage your investment portfolio and another that names the second to manage your routine daily expenses if necessary and pay your monthly bills.

Risks and Precautions

Periodically review and update the POAs you've created when and if family circumstances change. You can cancel a POA by simply writing a letter that identifies it and states that you're revoking it then delivering the letter to your former agent. Some states require such a letter to be notarized. It’s also a good idea to send copies to third parties with whom the agent may have acted on your behalf. Then create a new POA and deliver it to your new choice of an agent.

A power of attorney can provide you with both convenience and protection by giving a trusted individual the legal authority to act on your behalf and in your interests. Adult children who are both trustworthy and capable of accomplishing your wishes may make the best agents but don’t name a person simply because they're related to you.

Trusted professional advisors such as lawyers, accountants, and doctors can help you understand the wisdom and necessity of adopting POAs. You can do so gradually if you aren't comfortable granting broad powers all at once but don’t delay. There could be costly consequences because the grantor must be mentally competent to create a power of attorney.

It's too late to create a POA if you lose the capacity to manage your affairs. Court proceedings may be required at that point. It would become necessary for someone to go to court to ask to be named as your conservator or guardian, a process that may prove costly and slow. It could also be contested, leading to family conflicts.

Make sure the POA requires that the agent periodically report all actions taken to a trusted third party whom family members agree upon, such as the family’s lawyer or accountant. You can also name two agents and require they agree on major transactions, such as the sale of a home.

Nobody may have the right to take individual retirement account (IRA) distributions the parent needs for income, borrow funds to pay medical bills, or deal with the Internal Revenue Service (IRS) concerning the parent’s taxes.

Can Somebody With Power of Attorney Do Anything They Please?

No. The scope of legal authority that's granted by a POA is laid out when it's established. The person who is granted power of attorney has a legal fiduciary duty to make decisions that are in the best interests of the person they're representing.

Can Next of Kin Override a Power of Attorney?

No. Next of kin or other family members do not have any legal authority to override or nullify an existing power of attorney.

How Can I Revoke a Power of Attorney That I've Given to Someone?

Power of attorney can be terminated if you expressly revoke it. It may also have a set termination date or duration of time for which it's in force. A POA will also end if you become mentally incapacitated unless it is a durable power of attorney. All powers of attorney cease if you die.

Who Can I Name to Have Power of Attorney?

You can technically name anybody as your agent as long as it's done under your free will and you're mentally competent. It should be somebody trustworthy and capable, such as a spouse, close family member, or friend. You can also designate your lawyer to have a POA.

Creating a power of attorney and specifying how it will operate even if you lose your ability to think or function ensures that you'll have a plan in place for overseeing your financial affairs and health directives if and when you're unable to do so. Be sure to choose somebody you trust and who will be able to faithfully carry out their responsibilities on your behalf.

American Bar Association. " Power of Attorney ."

Connecticut General Assembly. " 2002-R-0094: Power of Attorney-Mental Capacity ."

American Bar Association. " Pick the Right Power of Attorney Instrument ."

Ohio Laws & Administrative Rules. " Section 3109.53 | Form of Power of Attorney for Residential Grandparent ."

Ohio Laws & Administrative Rules. " Section 1337.04 | Recording of Power of Attorney ."

Legal Services Corporation. " Pro Bono Innovation Fund ."

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The Writing Center • University of North Carolina at Chapel Hill

Understanding Assignments

What this handout is about.

The first step in any successful college writing venture is reading the assignment. While this sounds like a simple task, it can be a tough one. This handout will help you unravel your assignment and begin to craft an effective response. Much of the following advice will involve translating typical assignment terms and practices into meaningful clues to the type of writing your instructor expects. See our short video for more tips.

Basic beginnings

Regardless of the assignment, department, or instructor, adopting these two habits will serve you well :

  • Read the assignment carefully as soon as you receive it. Do not put this task off—reading the assignment at the beginning will save you time, stress, and problems later. An assignment can look pretty straightforward at first, particularly if the instructor has provided lots of information. That does not mean it will not take time and effort to complete; you may even have to learn a new skill to complete the assignment.
  • Ask the instructor about anything you do not understand. Do not hesitate to approach your instructor. Instructors would prefer to set you straight before you hand the paper in. That’s also when you will find their feedback most useful.

Assignment formats

Many assignments follow a basic format. Assignments often begin with an overview of the topic, include a central verb or verbs that describe the task, and offer some additional suggestions, questions, or prompts to get you started.

An Overview of Some Kind

The instructor might set the stage with some general discussion of the subject of the assignment, introduce the topic, or remind you of something pertinent that you have discussed in class. For example:

“Throughout history, gerbils have played a key role in politics,” or “In the last few weeks of class, we have focused on the evening wear of the housefly …”

The Task of the Assignment

Pay attention; this part tells you what to do when you write the paper. Look for the key verb or verbs in the sentence. Words like analyze, summarize, or compare direct you to think about your topic in a certain way. Also pay attention to words such as how, what, when, where, and why; these words guide your attention toward specific information. (See the section in this handout titled “Key Terms” for more information.)

“Analyze the effect that gerbils had on the Russian Revolution”, or “Suggest an interpretation of housefly undergarments that differs from Darwin’s.”

Additional Material to Think about

Here you will find some questions to use as springboards as you begin to think about the topic. Instructors usually include these questions as suggestions rather than requirements. Do not feel compelled to answer every question unless the instructor asks you to do so. Pay attention to the order of the questions. Sometimes they suggest the thinking process your instructor imagines you will need to follow to begin thinking about the topic.

“You may wish to consider the differing views held by Communist gerbils vs. Monarchist gerbils, or Can there be such a thing as ‘the housefly garment industry’ or is it just a home-based craft?”

These are the instructor’s comments about writing expectations:

“Be concise”, “Write effectively”, or “Argue furiously.”

Technical Details

These instructions usually indicate format rules or guidelines.

“Your paper must be typed in Palatino font on gray paper and must not exceed 600 pages. It is due on the anniversary of Mao Tse-tung’s death.”

The assignment’s parts may not appear in exactly this order, and each part may be very long or really short. Nonetheless, being aware of this standard pattern can help you understand what your instructor wants you to do.

Interpreting the assignment

Ask yourself a few basic questions as you read and jot down the answers on the assignment sheet:

Why did your instructor ask you to do this particular task?

Who is your audience.

  • What kind of evidence do you need to support your ideas?

What kind of writing style is acceptable?

  • What are the absolute rules of the paper?

Try to look at the question from the point of view of the instructor. Recognize that your instructor has a reason for giving you this assignment and for giving it to you at a particular point in the semester. In every assignment, the instructor has a challenge for you. This challenge could be anything from demonstrating an ability to think clearly to demonstrating an ability to use the library. See the assignment not as a vague suggestion of what to do but as an opportunity to show that you can handle the course material as directed. Paper assignments give you more than a topic to discuss—they ask you to do something with the topic. Keep reminding yourself of that. Be careful to avoid the other extreme as well: do not read more into the assignment than what is there.

Of course, your instructor has given you an assignment so that he or she will be able to assess your understanding of the course material and give you an appropriate grade. But there is more to it than that. Your instructor has tried to design a learning experience of some kind. Your instructor wants you to think about something in a particular way for a particular reason. If you read the course description at the beginning of your syllabus, review the assigned readings, and consider the assignment itself, you may begin to see the plan, purpose, or approach to the subject matter that your instructor has created for you. If you still aren’t sure of the assignment’s goals, try asking the instructor. For help with this, see our handout on getting feedback .

Given your instructor’s efforts, it helps to answer the question: What is my purpose in completing this assignment? Is it to gather research from a variety of outside sources and present a coherent picture? Is it to take material I have been learning in class and apply it to a new situation? Is it to prove a point one way or another? Key words from the assignment can help you figure this out. Look for key terms in the form of active verbs that tell you what to do.

Key Terms: Finding Those Active Verbs

Here are some common key words and definitions to help you think about assignment terms:

Information words Ask you to demonstrate what you know about the subject, such as who, what, when, where, how, and why.

  • define —give the subject’s meaning (according to someone or something). Sometimes you have to give more than one view on the subject’s meaning
  • describe —provide details about the subject by answering question words (such as who, what, when, where, how, and why); you might also give details related to the five senses (what you see, hear, feel, taste, and smell)
  • explain —give reasons why or examples of how something happened
  • illustrate —give descriptive examples of the subject and show how each is connected with the subject
  • summarize —briefly list the important ideas you learned about the subject
  • trace —outline how something has changed or developed from an earlier time to its current form
  • research —gather material from outside sources about the subject, often with the implication or requirement that you will analyze what you have found

Relation words Ask you to demonstrate how things are connected.

  • compare —show how two or more things are similar (and, sometimes, different)
  • contrast —show how two or more things are dissimilar
  • apply—use details that you’ve been given to demonstrate how an idea, theory, or concept works in a particular situation
  • cause —show how one event or series of events made something else happen
  • relate —show or describe the connections between things

Interpretation words Ask you to defend ideas of your own about the subject. Do not see these words as requesting opinion alone (unless the assignment specifically says so), but as requiring opinion that is supported by concrete evidence. Remember examples, principles, definitions, or concepts from class or research and use them in your interpretation.

  • assess —summarize your opinion of the subject and measure it against something
  • prove, justify —give reasons or examples to demonstrate how or why something is the truth
  • evaluate, respond —state your opinion of the subject as good, bad, or some combination of the two, with examples and reasons
  • support —give reasons or evidence for something you believe (be sure to state clearly what it is that you believe)
  • synthesize —put two or more things together that have not been put together in class or in your readings before; do not just summarize one and then the other and say that they are similar or different—you must provide a reason for putting them together that runs all the way through the paper
  • analyze —determine how individual parts create or relate to the whole, figure out how something works, what it might mean, or why it is important
  • argue —take a side and defend it with evidence against the other side

More Clues to Your Purpose As you read the assignment, think about what the teacher does in class:

  • What kinds of textbooks or coursepack did your instructor choose for the course—ones that provide background information, explain theories or perspectives, or argue a point of view?
  • In lecture, does your instructor ask your opinion, try to prove her point of view, or use keywords that show up again in the assignment?
  • What kinds of assignments are typical in this discipline? Social science classes often expect more research. Humanities classes thrive on interpretation and analysis.
  • How do the assignments, readings, and lectures work together in the course? Instructors spend time designing courses, sometimes even arguing with their peers about the most effective course materials. Figuring out the overall design to the course will help you understand what each assignment is meant to achieve.

Now, what about your reader? Most undergraduates think of their audience as the instructor. True, your instructor is a good person to keep in mind as you write. But for the purposes of a good paper, think of your audience as someone like your roommate: smart enough to understand a clear, logical argument, but not someone who already knows exactly what is going on in your particular paper. Remember, even if the instructor knows everything there is to know about your paper topic, he or she still has to read your paper and assess your understanding. In other words, teach the material to your reader.

Aiming a paper at your audience happens in two ways: you make decisions about the tone and the level of information you want to convey.

  • Tone means the “voice” of your paper. Should you be chatty, formal, or objective? Usually you will find some happy medium—you do not want to alienate your reader by sounding condescending or superior, but you do not want to, um, like, totally wig on the man, you know? Eschew ostentatious erudition: some students think the way to sound academic is to use big words. Be careful—you can sound ridiculous, especially if you use the wrong big words.
  • The level of information you use depends on who you think your audience is. If you imagine your audience as your instructor and she already knows everything you have to say, you may find yourself leaving out key information that can cause your argument to be unconvincing and illogical. But you do not have to explain every single word or issue. If you are telling your roommate what happened on your favorite science fiction TV show last night, you do not say, “First a dark-haired white man of average height, wearing a suit and carrying a flashlight, walked into the room. Then a purple alien with fifteen arms and at least three eyes turned around. Then the man smiled slightly. In the background, you could hear a clock ticking. The room was fairly dark and had at least two windows that I saw.” You also do not say, “This guy found some aliens. The end.” Find some balance of useful details that support your main point.

You’ll find a much more detailed discussion of these concepts in our handout on audience .

The Grim Truth

With a few exceptions (including some lab and ethnography reports), you are probably being asked to make an argument. You must convince your audience. It is easy to forget this aim when you are researching and writing; as you become involved in your subject matter, you may become enmeshed in the details and focus on learning or simply telling the information you have found. You need to do more than just repeat what you have read. Your writing should have a point, and you should be able to say it in a sentence. Sometimes instructors call this sentence a “thesis” or a “claim.”

So, if your instructor tells you to write about some aspect of oral hygiene, you do not want to just list: “First, you brush your teeth with a soft brush and some peanut butter. Then, you floss with unwaxed, bologna-flavored string. Finally, gargle with bourbon.” Instead, you could say, “Of all the oral cleaning methods, sandblasting removes the most plaque. Therefore it should be recommended by the American Dental Association.” Or, “From an aesthetic perspective, moldy teeth can be quite charming. However, their joys are short-lived.”

Convincing the reader of your argument is the goal of academic writing. It doesn’t have to say “argument” anywhere in the assignment for you to need one. Look at the assignment and think about what kind of argument you could make about it instead of just seeing it as a checklist of information you have to present. For help with understanding the role of argument in academic writing, see our handout on argument .

What kind of evidence do you need?

There are many kinds of evidence, and what type of evidence will work for your assignment can depend on several factors–the discipline, the parameters of the assignment, and your instructor’s preference. Should you use statistics? Historical examples? Do you need to conduct your own experiment? Can you rely on personal experience? See our handout on evidence for suggestions on how to use evidence appropriately.

Make sure you are clear about this part of the assignment, because your use of evidence will be crucial in writing a successful paper. You are not just learning how to argue; you are learning how to argue with specific types of materials and ideas. Ask your instructor what counts as acceptable evidence. You can also ask a librarian for help. No matter what kind of evidence you use, be sure to cite it correctly—see the UNC Libraries citation tutorial .

You cannot always tell from the assignment just what sort of writing style your instructor expects. The instructor may be really laid back in class but still expect you to sound formal in writing. Or the instructor may be fairly formal in class and ask you to write a reflection paper where you need to use “I” and speak from your own experience.

Try to avoid false associations of a particular field with a style (“art historians like wacky creativity,” or “political scientists are boring and just give facts”) and look instead to the types of readings you have been given in class. No one expects you to write like Plato—just use the readings as a guide for what is standard or preferable to your instructor. When in doubt, ask your instructor about the level of formality she or he expects.

No matter what field you are writing for or what facts you are including, if you do not write so that your reader can understand your main idea, you have wasted your time. So make clarity your main goal. For specific help with style, see our handout on style .

Technical details about the assignment

The technical information you are given in an assignment always seems like the easy part. This section can actually give you lots of little hints about approaching the task. Find out if elements such as page length and citation format (see the UNC Libraries citation tutorial ) are negotiable. Some professors do not have strong preferences as long as you are consistent and fully answer the assignment. Some professors are very specific and will deduct big points for deviations.

Usually, the page length tells you something important: The instructor thinks the size of the paper is appropriate to the assignment’s parameters. In plain English, your instructor is telling you how many pages it should take for you to answer the question as fully as you are expected to. So if an assignment is two pages long, you cannot pad your paper with examples or reword your main idea several times. Hit your one point early, defend it with the clearest example, and finish quickly. If an assignment is ten pages long, you can be more complex in your main points and examples—and if you can only produce five pages for that assignment, you need to see someone for help—as soon as possible.

Tricks that don’t work

Your instructors are not fooled when you:

  • spend more time on the cover page than the essay —graphics, cool binders, and cute titles are no replacement for a well-written paper.
  • use huge fonts, wide margins, or extra spacing to pad the page length —these tricks are immediately obvious to the eye. Most instructors use the same word processor you do. They know what’s possible. Such tactics are especially damning when the instructor has a stack of 60 papers to grade and yours is the only one that low-flying airplane pilots could read.
  • use a paper from another class that covered “sort of similar” material . Again, the instructor has a particular task for you to fulfill in the assignment that usually relates to course material and lectures. Your other paper may not cover this material, and turning in the same paper for more than one course may constitute an Honor Code violation . Ask the instructor—it can’t hurt.
  • get all wacky and “creative” before you answer the question . Showing that you are able to think beyond the boundaries of a simple assignment can be good, but you must do what the assignment calls for first. Again, check with your instructor. A humorous tone can be refreshing for someone grading a stack of papers, but it will not get you a good grade if you have not fulfilled the task.

Critical reading of assignments leads to skills in other types of reading and writing. If you get good at figuring out what the real goals of assignments are, you are going to be better at understanding the goals of all of your classes and fields of study.

You may reproduce it for non-commercial use if you use the entire handout and attribute the source: The Writing Center, University of North Carolina at Chapel Hill

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31 CFR § 306.95 - Attorneys in fact.

(a) General. Assignments by an attorney in fact will be recognized if supported by an adequate power of attorney. Every power must be executed in the presence of an authorized certifying officer under the conditions set out in § 306.45 for certification of assignments. Powers need not be submitted to support redemption-exchanges or exchanges pursuant to advance refunding or prefunding offers where the securities to be issued are to be registered in the same names and forms as appear in the inscriptions or assignments of the securities surrendered. In all other cases, the original power, or a photocopy showing the grantor's autograph signature, properly certified, must be submitted, together with the security assigned on the owner's behalf by the attorney in fact. An assignment by a substitute attorney in fact must be supported by an authorizing power of attorney and power of substitution. An assignment by an attorney in fact or a substitute attorney in fact for the apparent benefit of either will not be accepted unless expressly authorized. (Form PD 1001 or 1003, as appropriate, may be used to appoint an attorney in fact. An attorney in fact may use Form PD 1006 or 1008 to appoint a substitute. However, any form sufficient in substance may be used.) If there are two or more joint attorneys in fact or substitutes, all must unite in an assignment, unless the power authorizes less than all to act. A power of attorney or of substitution not coupled with an interest will be recognized until the Bureau receives proof of revocation or proof of the grantor's death or incompetency.

(b) For legal representatives and fiduciaries. Assignments by an attorney in fact or substitute attorney in fact for a legal representative or fiduciary, in addition to the power of attorney and of substitution, must be supported by evidence, if any, as required by §§ 306.57(d) , 306.66(b), 306.75, and 306.76. Powers must specifically designate the securities to be assigned.

(c) For corporations or unincorporated associations. Assignments by an attorney in fact or a substitute attorney in fact in behalf of a corporation or unincorporated association, in addition to the power of attorney and power of substitution, must be supported by one of the following documents certified under seal of the organization, or, if it has no seal, sworn to by an officer who has access to the records:

(1) A copy of the resolution of the governing body authorizing an officer to appoint an attorney in fact, with power of substitution, if pertinent, to assign, or to sell, or to otherwise dispose of, the securities, or

(2) A copy of the charter, constitution, or bylaws, or a pertinent extract therefrom, showing the authority of an officer to appoint an attorney in fact, or

(3) A copy of the resolution of the governing body directly appointing an attorney in fact.

(d) For public corporations. A general power of attorney in behalf of a public corporation will be recognized only if it is authorized by statute.

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Final Rule Revision of Power of Attorney and Assignment Practice More Information

  • Frequently Asked Questions - Revision of Power of Attorney and Assignment Practice (updated 11Feb2005)
  • Executive Summary of Revision of Power of Attorney and Assignment Practice 69 Fed. Reg. 29865 (26May2004) [PDF]
  • Effective Date 25 June 04 ! Revision of Power of Attorney and Assignment Practice published at 69 Fed. Reg. 29865 [PDF] (26May2004)

Slide Set: Clarification of Power of Attorney Practice and Revisions to Assignment Rules [PPS] [ text version ] [ Download Zipped Full Version ][1.3MB](posted 16July2004)

Abridged Slide Set: Clarification of Power of Attorney Practice and Revisions to Assignment Rules [ text version ] [ Download Zipped Abridged Version ] [160KB] (posted 22June2004)(this slide set does not include Private and Public PAIR screen shots showing examples of how an user would navigate through PAIR)

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The Power of One Assignment

Posted on: June 8, 2022

In fall 2019, Emma Sandago was a first-year student at the University of South Carolina majoring in biological sciences. She knew she liked science and biology but did not want to go pre-med and was unsure of what career paths to pursue.

As a student in University 101, Emma and her classmates were given two options for their midterm assignment – conduct an informational interview with an industry professional or participate in the out-to-lunch program with a faculty member. Emma took a shot and reached out to Dr. Ana Pocivavsek , assistant professor in the Department of Pharmacology, Physiology, and Neuroscience at the University of South Carolina School of Medicine, to see if she could arrange an interview. Emma hoped the interview would help her explore a potential career field, but had no idea that the assignment would kick start a passion for research and the beginning of a career trajectory.

It was the coolest thing I had ever seen. I had no idea what everything did, but I was like, 'Oh! This is science! This is how developments in humanity are made'. - Emma Sandago

During the interview, Emma asked Dr. Pocivavsek a variety of questions like “what did you major in?” and “how did you get to where you are now”? At the end of the interview, Dr. Pocivavsek took Emma on a tour of her lab, which studies sleep and behavior. Emma’s initial experience in the lab was a lightbulb moment. Emma says, “it was the coolest thing I had ever seen. I had no idea what everything did, but I was like, ‘Oh! This is science! This is how developments in humanity are made’.”

At the end of their interview, Dr. Pocivavsek asked Emma if she wanted to come back the next week to experience a lab meeting. Emma went to the lab meeting and then never stopped coming back. During the rest of her undergraduate years, Emma has continued to serve as an undergraduate research assistant in Dr. Pocivavsek’s lab. This work has also opened up other opportunities to get involved. “I thought, if I loved this lab so much, I probably could love something else, as well. And because I had experience in this lab, I was able to get two separate summer research jobs.”

Four years after that University 101 assignment, Emma is a rising senior at USC and is planning to apply to Ph.D. programs in neuroscience. Her goal is to continue to pursue her love of science through research.

Challenge the conventional. Create the exceptional. No Limits.

power of assignment

University of Bridgeport News

top tips for group projects

7 Strategies for Taking Group Projects by Storm

It’s day one of the new semester, and you see it…staring ominously from the syllabus, it lurks in eager waiting…haunting unlit corners of your lecture hall, the beast inches closer every class until one day, it strikes — sinking its teeth in. No silver tokens or wooden stakes will save you now. It’s time for mandatory group projects.

For even the most scholarly students, the mere suggestion of a group project can send shivers down the spine. These projects plague the mind with many questions. What if I get stuck with someone who does nothing? Will communication break down into a chaotic mess of emojis? And, sometimes, above all else, why do I have to do this?

So, fellow Purple Knights, let’s turn that stress into success — equip yourself with these 7 strategies to help you make the most of group assignments.

1. Acknowledge your anxiety and self-assess

Let’s take a moment to commemorate the ghosts of group projects past. Remember that paper from history class? The one on the American Revolution? Your whole team was supposed to write it, yet your group dedicated more time to scrolling through TikTok than typing. Oh, and how about that PowerPoint presentation for your accounting class? You know, the one nobody pulled their weight on, shaving a few precious points off your final grade?

Although you should never begin a group project with the attitude that failure is inevitable, being honest with yourself about any anxiety you feel helps repurpose the stress of past projects into lessons with future applicability.

So, when you see a group assignment on your syllabus, don’t panic. Instead, ask yourself a few questions, such as:

  • What were some issues I encountered during previous group projects?
  • How could these issues have been avoided or addressed?
  • Did I give the project my all and contribute to the best of my ability?
  • What did I learn about the subject I was studying?
  • What did I learn about working with a group?
  • More specifically, what did I learn about how I work with others?

If this self-assessment only serves to raise more questions, consider talking to your instructor or visiting the Academic Success Center . Expressing your concern about group work, and consulting with supportive and experienced professionals, can help you kickstart your collaboration with confidence.

2. Assemble your A-Team

Now that your head is in the game, it’s time to assemble the A-Team! Whether your group is self-selected or pre-assigned, first things first — for a cohesive collaboration, every teammate must cooperate.

Think of it like building a boat. Each crewmate takes on a different, albeit pivotal, role to ensure the ship will stay afloat. While some people lay floor plans and foundations, others gather materials, create sails, or complete safety assessments. Although every team member has their own purview, everyone must cooperate to achieve a common goal. If one person drops the ball, the vessel might not be seaworthy. The same goes for your group project — without joint effort, your crew may flounder in the face of challenges.

To take the helm, create team roles with the project’s guidelines in mind. Weigh the academic expectations with the skills and strengths of your teammates. Does one partner have a head for facts and figures? Group Researcher , reporting for duty! How about the group member with an eye for design? PowerPoint Coordinator may be the perfect fit!

Scenario snapshot

You and your best friend want to be in the same group for an English presentation. They’re a stand-up pal and astute problem-solver, but they often slack off on assignments. Let’s turn procrastination into collaboration. How can you help establish a healthy group dynamic without boxing out your bestie? 

3. Planning is power

Collaborating on an assignment isn’t as simple as casting roles for each group member. You will also need a plan of attack outlining what must be done (and when).

During your initial group meeting, roll up your sleeves to brainstorm ideas and generate timelines for the different components of your project. To keep all the most vital information in an accessible location, utilize project management tools like Google Docs or Trello — providing a clear, shared resource teammates can refer to when working independently.

What would you do?

It’s been two weeks, and one of your group mates still hasn’t opened the shared document outlining their role and the project schedule. They were attentive when your team first met to discuss the presentation, but you’re concerned the assignment has fallen from their radar. How can you address your concerns?

At University of Bridgeport, your personal and professional success is our priority. Learn more about our comprehensive support services today!  

4. keep up communication.

Determining guidelines for group check-ins is essential to success. Whether you’re meeting in person or virtually, it’s critical to establish when, where, and how your team will update one another.

You may even consider setting parameters for your group pow-wows. How long should each check-in last? Should one teammate have the floor during each meeting, or will everyone provide updates? Agreeing on these expectations can facilitate smooth sailing ahead.

Your four-person biology group includes a pair of close friends. Each time your team meets to discuss the project, the duo brings little to the table, filling most of the hour with fits of giggly gossip.

The last group check-in was the biggest bust yet — extending an hour longer than the agreed-upon time due to constant distractions and derailments. The following afternoon, your third partner privately messaged you, expressing the same frustrations you’re feeling. How can you and your partner constructively address this issue with your other teammates?

5. Be fair and flexible…

When collaborating with classmates, it’s crucial to remember that   is difficult. With academic, personal, and professional demands competing for space, everybody has more than one ball in the air. If someone on your team needs an extension for their part of an assignment, show grace and understanding — most people are doing their best to meet all the expectations tossed their way, and a little leniency can go a long way.

6. …but remember to set boundaries

Flexibility may be paramount, but have you ever flexed too far? If you’re always happy to go with the flow, your willingness to bend could cause your group to break. If you and your teammates are always cleaning up after one partner, burnout will ensue — potentially leading to an underwhelming final project.

If you have a teammate who isn’t pulling their weight, it’s time to set boundaries and reiterate your group’s agreed-upon expectations. If you’re uncomfortable breaching the topic, consult with your professor. Even if they expect you to start the conversation on your own, they can offer support and strategies for addressing conflicts in your group. Moreover, communicating these concerns keeps your instructor in the loop about your team’s progress.

Last month, you were randomly assigned to group for your nursing project. You were pleasantly surprised by how well it was going — at least, at first. Over the past few weeks, one of your partners has missed every meeting due to a personal problem. While they didn’t disclose the specifics, they’ve missed three deadlines and have been completely incommunicado.

With the deadline quickly approaching, you and your other teammates are starting to sweat. What could you do to help your team overcome this challenge?

7. Celebrate success

Group projects are full of peaks and valleys alike. When you hit “submit” and the game is over, take some time to acknowledge your dedicated team. Collaborative assignments can present an invaluable opportunity to connect with classmates, learn from each other, and create something truly impressive.

While the anxiety of an impending group project can be overwhelming, don’t let it overshadow the fact that these ventures can be rewarding and, dare we say, enjoyable experiences. Furthermore, in our increasingly interconnected world, nurturing your collaborative aptitude provides you with a career-ready skill — sought after by employers across all industries.

At University of Bridgeport, #UBelong. Begin your UB journey today — learn more about becoming a Purple Knight !

Marlins

Miami Marlins

Cubs

Chicago Cubs

Cody bellinger and alexander canario hrs power cubs past marlins 5-3 for doubleheader split, cody bellinger hits solo hr to put cubs on the board.

Cody Bellinger hits a solo home run to put the Cubs on the board vs. the Marlins.

CHICAGO -- — Cody Bellinger and Alexander Canario homered and the Chicago Cubs beat the Miami Marlins 5-3 on Saturday night to earn a split of the day-night doubleheader.

In the opener, Bryan De La Cruz hit a two-run homer off Adbert Alzolay in the ninth inning, and the Marlins beat the Cubs 3-2.

Shota Imanaga (3-0) gave up three runs, two earned, in six innings in the nightcap for the Cubs, who have won six of their last seven games. Imanaga’s scoreless streak to begin his major league career ended in the fourth inning at 18 2/3 innings.

Héctor Neris worked around a single in the ninth inning and picked up his first save in two chances.

Josh Bell homered for the Marlins, whose overall record slipped to 5-17.

The Cubs trailed 3-1 heading into the bottom of the sixth and rallied, scoring four runs. Canario connected on a 416-foot drive to left field for his first homer of the season, chasing Roddery Muñoz and pulling the Cubs within one. Michael Busch followed with a two-run single off Anthony Bender (0-1). Busch, who was acquired in a January trade with Los Angeles, is hitting 19 for 51 in his last 14 games.

“Relentless, one through nine, everyone gives quality at-bats and it just seems like it’s just a matter of time sometimes,” Bellinger said. “That’s a good feeling and just quality at-bats every single day. That leads to a lot of success.”

Bellinger hit a solo shot off Muñoz in the first for a 1-0 Cubs lead. Muñoz struck out seven in five innings, allowing two runs and two hits in his big league debut.

“I was a little bit nervous out there, I’m not going to lie, but in my mind I was focused, and I knew I just had to be confident out there and I think I did that,” Muñoz said through an interpreter.

Bell reached on shortstop Nico Hoerner’s fielding error and scored on Tim Anderson’s double off Imanaga to tie it in the fourth. Jazz Chisholm Jr . then singled to give the Marlins the lead.

Bell hit a solo shot in the sixth off Imanaga, who signed a $53 million, four-year contract with the Cubs in January.

“Kind of similar to last start, struggled a little bit,” Imanaga said through an interpreter.

Luis Arraez collected three hits for Miami in the first game. He singled with one out in the ninth, and De La Cruz followed with a drive to left-center for his fifth homer after he also went deep in each of his previous two games.

Manager Skip Schumaker said the Marlins were planning to pinch run for De La Cruz if he got on base. De La Cruz didn’t like that idea and offered an alternative.

“I told them, ‘What do you mean, a pinch runner? I’m going to get a homer here. You’re not going to need to do that,’” De La Cruz said through an interpreter.

It was the fourth blown save in seven chances for Alzolay (1-2).

“We need Adbert to get outs,” manager Craig Counsell said. “Regardless of where it is, we need Adbert to be an effective member of the bullpen. I strongly believe that he will be.”

Calvin Faucher (1-0) struck out four in two scoreless innings, and Tanner Scott earned his third save.

De La Cruz hit a sacrifice fly in the fifth.

The doubleheader was scheduled after rain postponed Thursday’s series opener.

Anderson , a two-time All-Star during eight seasons with the White Sox, went 1 for 5 on Saturday while receiving boos.

TRAINER’S ROOM

Marlins: LHP A.J. Puk (left shoulder fatigue) was placed on the 15-day injured list, and RHP Kyle Tyler was brought up from Triple-A Jacksonville. LHP Josh Simpson was transferred to the 60-day injured list.

Cubs: OF Ian Happ (left hamstring tightness) was out after he left after six innings Friday. Counsell said Happ is unlikely to be in the lineup Sunday.

RHP Edward Cabrera (0-0, 1.50 ERA) is set to start for Miami in Sunday’s series finale against the Cubs and RHP Kyle Hendricks (0-2, 12.71).

AP MLB: https://apnews.com/hub/mlb

Series tied 2-2

Game information.

  • Home Plate Umpire - Adam Hamari
  • First Base Umpire - Vic Carapazza
  • Second Base Umpire - Alex Mackay
  • Third Base Umpire - David Arrieta

2024 National League East Standings

2024 national league central standings, trevor bauer records 14 strikeouts in mexican league game, kirk cousins and his blooper chain throw out first pitch, andrew knizner blasts a home run.

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COMMENTS

  1. Assignments, Disclaimers and Powers of Appointment

    Unlike assignments and disclaimers, powers of appointment are created within a person's estate planning, e.g., a trust or will, for future use. A power of appointment allows the power holder to say who receives a gift/distribution from a trust or an estate. The power of appointment is either a limited power that allows gifting to certain ...

  2. Power of appointment

    A power of appointment is a term most frequently used in the law of wills to describe the ability of the testator (the person writing the will) to select a person who will be given the authority to dispose of certain property under the will. Although any person can exercise this power at any time during their life, its use is rare outside of a will. The power is divided into two broad ...

  3. Power of Appointment for a Trust or Will

    A power of appointment is an ability a grantee or beneficiary receives from the grantor or creator of a trust. The power of appointment allows the beneficiary to change a trust in specific ways in specific contexts. For example, a grandparent might place his or her assets in a trust and give their grandchildren the power of appointment over the ...

  4. Assignments, disclaimers and powers of appointment can alter the

    Unlike assignments and disclaimers, powers of appointment are created within a person's estate planning, e.g., a trust or will, for future use. A power of appointment allows the power holder to ...

  5. Where Can I Get a Power of Attorney Form?

    The only strict requirements for a legally binding assignment are: The power of attorney assignment must be in writing; It must specify the scope of authority, otherwise it will be a general power of attorney; It must be signed by you (the person giving the power of attorney); And it must be officially notarized.

  6. Assignments: The Basic Law

    Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court, 35 Cal. 2d 109, 113-114 (Cal. 1950). An assignment will generally be permitted under the law unless there is an express prohibition against assignment ...

  7. Power of Assignment Orders in Judgment Enforcement

    A staple in a judgment enforcement lawyers toolbox is the assignment order. Essentially, it is a Court-ordered assignment of rights of the debtor to receive payments, which diverts those payments away from the debtor, and cause them to be made to Creditor instead. Similar to a wage garnishment, but covering just about any sort of payments ...

  8. How to Assign Power of Attorney

    The three POA categories include the assignment of general powers, special powers and health care powers. General power allows your agent to control most of your personal affairs, the special power limits the types of transactions or issues the agent has authority over and the health care power only allows your agent to make health-related ...

  9. The Power of an Assignment's Purpose Statement

    The purpose will: guide the scope, depth, and significance of the assignment. help to craft a clear and concise declaration of the assignment's objective or central argument. maintain the focus on and alignment with the outcome (s) throughout the assignment. help identify the prior knowledge and skills students will be required to complete ...

  10. Assignment by Power of Attorney

    The one with a power of attorney is appointed to collect the money and pay it over to another person or to the creditors. Assignment of a power of attorney does not refer to an assignment of ownership. A grantee cannot bring a suit in his/her name on the sole basis of assignment of power of attorney without any further delegation.

  11. Power of Attorney (POA): Meaning, Types, and How and Why ...

    Power of Attorney: A power of attorney (POA) is a legal document giving one person (the agent or attorney-in-fact ) the power to act for another person (the principal). The agent can have broad ...

  12. Assignment (law)

    Assignment (law) Assignment [1] is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [2] An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee.

  13. Understanding Assignments

    What this handout is about. The first step in any successful college writing venture is reading the assignment. While this sounds like a simple task, it can be a tough one. This handout will help you unravel your assignment and begin to craft an effective response. Much of the following advice will involve translating typical assignment terms ...

  14. Power of assignment vs. right of assignment? : r/LawSchool

    The Restatement says that there's an exception if the clause specifically says that "the POWER to assign" is not recognized and that subsequent assignments are void; then some courts will preclude assignment. So, in short, the right to assign stuff is a nebulous thing that there's a presumption for. If your contract says you can't assign ...

  15. PDF Power of Process

    Power of Process is a Connect assignment type that guides students through strategy-based reading and writing exercises, encouraging students to read actively and think critically about the text. To create a Power of Process assignment, from your section dashboard, select 'Add Assignment' from the Assignment Overview widget.

  16. Powers of Attorney: The Anti-Anti-Assignment

    Anti-assignment clauses create a defined and relatively well understood set of opportunities and issues for participants, beneficiaries, health care providers, insurers, and plans. Powers of attorney offer a mechanism for healthcare providers to pursue their patients' claims for benefits even where a valid anti-assignment clause in a plan ...

  17. Anti-Assignment Provision Does Not Prevent the Grant of Power of Attorney

    A power of attorney, on the other hand, does not transfer an ownership interest in the claim. Therefore, although the anti-assignment clause is enforceable, it does not, by itself, prevent the participant from granting a power of attorney. To the contrary, because the participant retains ownership of his claim, he may give the provider the ...

  18. 31 CFR § 306.95

    (a) General. Assignments by an attorney in fact will be recognized if supported by an adequate power of attorney. Every power must be executed in the presence of an authorized certifying officer under the conditions set out in § 306.45 for certification of assignments. Powers need not be submitted to support redemption-exchanges or exchanges pursuant to advance refunding or prefunding offers ...

  19. Clarification of Power of Attorney Practice

    Associate Powers of Attorney filed before the effective date of the rule change will continue to have effect. Assignment: Only Copies Should be Submitted for Recordation. 37 CFR 3.24 (patents) and 3.25 (trademarks) are amended to provide: Only a copy of an original assignment document may be submitted for recording

  20. Final Rule Revision of Power of Attorney and Assignment Practice More

    Effective Date 25 June 04! Revision of Power of Attorney and Assignment Practice published at 69 Fed. Reg. 29865 [PDF] (26May2004) Slide Set: Clarification of Power of Attorney Practice and Revisions to Assignment Rules [PPS] [ text version] [ Download Zipped Full Version ] [1.3MB] (posted 16July2004)

  21. Revision of Power of Attorney and Assignment Practice

    An assignment will not of itself operate as a revocation of a power previously given, but the assignee of the entire interest of the applicant may revoke previous powers of attorney and give another power of attorney of the assignee's own selection as provided in § 1.32(b).

  22. The Power of One Assignment

    The Power of One Assignment. In fall 2019, Emma Sandago was a first-year student at the University of South Carolina majoring in biological sciences. She knew she liked science and biology but did not want to go pre-med and was unsure of what career paths to pursue. As a student in University 101, Emma and her classmates were given two options ...

  23. power of assignment

    For instance, Lao et al., (2006) [ 37] found that 10 SNP markers from a 10 K SNP array contained enough genetic information to differentiate individuals from Africa, Europe, Asia and America and no further gain in power of assignment was achieved by including more SNP markers.

  24. 7 Strategies for Successful Group Projects

    3. Planning is power. Collaborating on an assignment isn't as simple as casting roles for each group member. You will also need a plan of attack outlining what must be done (and when). During your initial group meeting, roll up your sleeves to brainstorm ideas and generate timelines for the different components of your project.

  25. Cubs 5-3 Marlins (Apr 20, 2024) Game Recap

    Cody Bellinger and Alexander Canario HRs power Cubs past Marlins 5-3 for doubleheader split. By AP. Apr 20, 2024, 10:29 pm ... is expected to begin his rehabilitation assignment in the minor ...

  26. Assignment of Rights, Power of Attorney Sample Clauses

    Related to Assignment of Rights, Power of Attorney. Assignment of Rights Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an "Assignee"). After such assignment the term "Agent" or "Lender" as used in the Loan Documents shall mean and ...