A financial power of attorney is a legal document that lets you name someone to manage your financial affairs if you become unable to do so yourself. For residents of Colfax and nearby Placer County, this tool provides a practical way to ensure bills are paid, accounts are managed, and financial decisions align with your priorities. At the Law Offices of Robert P. Bergman, our approach focuses on creating clear, enforceable documents that reflect your wishes and protect your assets while meeting California statutory requirements. Planning ahead with a reliable document reduces stress for loved ones and limits the potential for disputes when circumstances change.
Drafting a financial power of attorney requires thoughtful attention to whom you appoint, the scope of authority granted, and when the document takes effect. In Colfax, clients often request tailored provisions for specific accounts, property transactions, or retirement plan access, and for safety measures such as successor agents and detailed recordkeeping instructions. We walk clients through the practical implications of each choice, including how powers interact with existing trusts or wills. This proactive planning helps ensure smooth financial management during illness, travel, or incapacity, and provides peace of mind for both the principal and family members involved.
A financial power of attorney matters because it prevents interruptions to everyday financial life and reduces the need for court involvement. Without a valid document, families may have to pursue a conservatorship to obtain authority to handle finances, a process that can be time consuming and public. With a properly drafted power of attorney, your chosen agent can manage bank accounts, pay taxes, handle real estate transactions, and coordinate with retirement accounts while following your instructions. This document preserves privacy, expedites necessary transactions, and offers a clear plan for continuity of financial affairs during illness, travel, or other circumstances that limit your capacity.
The Law Offices of Robert P. Bergman serve clients across San Jose, Colfax, and throughout California with a focus on estate planning services, including powers of attorney, trusts, and wills. Our firm emphasizes practical solutions that align with each client’s family dynamics and asset structure. We prepare documents such as revocable living trusts, pour-over wills, and advance health care directives in combination with financial powers of attorney to create cohesive planning. Clients benefit from an approach that emphasizes clarity, compliance with California law, and communication so that appointed agents understand their duties and principals understand the consequences of the choices they make.
A financial power of attorney is a legal instrument that authorizes another person, called an agent, to act on your behalf for financial matters. The document can be broad or limited, durable or non-durable, and can be drafted to take effect immediately or only upon a specified event, such as incapacity. In California, the financial power of attorney statute provides default language and rules, but many clients choose tailored provisions to reflect their unique circumstances, including instructions on managing business interests, handling tax matters, or safeguarding accounts for dependent family members. The right balance of authority and oversight helps ensure your financial affairs continue without unnecessary interruption.
Selecting an agent and defining their powers requires careful thought because the agent will have significant legal authority to make transactions on your behalf. Many clients appoint someone they trust, add successor agents, and include written guidance about limits on gifts, property transfers, or changes to beneficiary designations. It is also common to align powers with other estate planning documents, such as trusts, so that transactions can be moved into trust or otherwise coordinated. Regular reviews and updates to the document ensure it continues to reflect current relationships and financial arrangements as life changes occur.
A financial power of attorney is a document that names an agent to make financial decisions and conduct transactions on a principal’s behalf. It can grant authority to access bank accounts, manage investments, pay bills, file tax returns, sell or purchase property, and handle retirement accounts, depending on the language used. California law recognizes durable powers that remain valid if a principal becomes incapacitated, and the document can be customized to include restrictions, successor agents, or specific instructions. Understanding the options and legal effects helps principals choose provisions that provide practical authority without unintended consequences.
Essential elements of a financial power of attorney include the designation of agent(s), the scope of granted authority, the effective date and duration, and any limitations or conditions. The process of creating the document usually involves discussing goals, selecting appropriate language to reflect desired powers, identifying successor agents, and ensuring proper execution consistent with California requirements, such as signatures and witnesses or notarization when necessary. After drafting, we recommend providing copies to the agent, financial institutions, and trusted family members, and storing the original document in a secure but accessible location so it can be used when needed without delay.
Familiarity with basic terminology helps clients understand the document and its implications. Terms like principal, agent, durable, springing, authority, revocation, successor agent, and fiduciary duties describe roles and legal effects. Knowing what each term means clarifies the choices you make when drafting a power of attorney, such as whether the document should be durable to remain effective upon incapacity or springing to take effect only after a physician or court determination. Clear definitions ensure your intentions are accurately reflected and that agents and institutions follow the correct procedures when the document is used.
The principal is the person who creates the power of attorney and grants authority to another individual to act on their behalf. As the document creator, the principal decides the scope of powers, selects the agent or agents, and can set conditions or limitations. The principal must have the capacity to sign the document at the time of execution, and the document can be revoked later by the principal while they retain capacity. Clearly identifying the principal and their intentions helps ensure the agent’s authority is recognized by banks, institutions, and third parties.
A durable power of attorney remains effective if the principal later becomes incapacitated, unless the document is revoked or a court steps in. In California, including durable language allows continuous management of financial matters during periods of incapacity, avoiding the need for a conservatorship. Durable powers should be drafted carefully to specify the exact circumstances under which the agent’s authority continues, and principals often include guidance to limit certain transactions or require accounting standards. Durability provides continuity and peace of mind while preserving the principal’s intended controls.
The agent, sometimes called an attorney-in-fact, is the person appointed to act on the principal’s behalf under the power of attorney. The agent’s responsibilities depend on the scope of authority in the document and may include paying bills, managing investments, handling real property transactions, and filing taxes. Agents have legal duties to act in the principal’s best interest, to keep accurate records, and to follow any restrictions found in the document. Selecting an agent with the right balance of trustworthiness and availability is an important decision for effective financial management.
A springing power of attorney becomes effective only after a specified event occurs, often the principal’s incapacity, which may be defined by a physician’s certification or other criteria in the document. Some people choose a springing power to retain control until a triggering event, though springing powers can cause delays if third parties question a determination of incapacity. Clear triggering language and processes for determining incapacity reduce uncertainty. An alternative is a durable power that takes effect immediately, with other safeguards written in to control the agent’s actions.
When planning for financial decision making, several legal options exist, including a financial power of attorney, a revocable living trust, and the conservatorship process. A power of attorney is a flexible, private document that delegates authority to a trusted agent. A revocable living trust provides control over trust-owned assets and can work in tandem with a power of attorney for non-trust assets. Conservatorship is a court-supervised alternative only used when no valid planning documents exist. Understanding the pros and cons of each approach helps you choose a plan that balances control, continuity, privacy, and administrative ease.
A limited authority may be sufficient when you need someone to handle a particular transaction or a short-term situation, such as closing on a home sale or managing a bank account while you are temporarily unavailable. Limiting the scope reduces the potential for unintended actions and lets you provide authority strictly for the matters you specify. Including an expiration date or a clearly defined task list helps ensure that the agent’s power is both effective and bounded. This approach is useful for travel, temporary illness, or one-off financial events that require a trusted representative.
When you are comfortable delegating only certain responsibilities—such as paying monthly bills or accessing a particular account—a limited power of attorney reduces exposure and preserves other decision-making rights. Narrow authorities can be drafted to avoid giving access to investment accounts, real estate, or retirement assets unless explicitly authorized. This targeted delegation can suit family dynamics where responsibility is split among multiple people or where professional trustees handle complex assets. Careful drafting ensures each agent’s role is clearly defined and that fiduciary obligations are understood.
Comprehensive planning is recommended for individuals with diverse or complex assets, such as businesses, multiple real estate holdings, retirement accounts, or trust relationships. A thorough plan coordinates powers of attorney with trusts, wills, and beneficiary designations so that transactions are handled consistently and efficiently. Without coordination, agents may face limitations when trying to access or transfer assets. A cohesive plan anticipates tax implications, business continuity needs, and successor arrangements to reduce friction during transitions and ensure assets are preserved and managed in accordance with your wishes.
When family dynamics, health concerns, or potential future incapacity are likely, comprehensive planning helps create clear pathways for decision making. Combining a financial power of attorney with advance health care directives, revocable living trusts, and guardianship nominations provides a consistent framework for both financial and medical decisions. This holistic approach reduces the chance of disputes between relatives and ensures appointed decision makers have the appropriate authority. Planning in advance allows for contingencies and helps families focus on care rather than paperwork at difficult times.
A coordinated plan that includes a financial power of attorney, trust documents, and health care directives offers benefits of continuity, privacy, and efficiency. By aligning documents, you minimize conflicting instructions, reduce the need for court involvement, and provide a streamlined path for agents to follow. This reduces administrative delays when bills need to be paid, property needs to be managed, or investments require attention. A comprehensive approach also allows you to specify ethical or practical guidelines for agents, helping preserve family relationships and ensuring your overall estate plan functions as intended.
Combining documents helps address contingencies such as incapacity, death, or changes in family circumstances. With coordinated planning, assets can be directed into trusts, while powers of attorney manage non-trust assets and provide immediate access to funds for care. This layered approach preserves privacy by avoiding public court proceedings and ensures that named decision makers are prepared with the authority they need. Regularly reviewing and updating documents as life events occur keeps the plan current and aligned with your financial and personal goals, providing confidence for you and your loved ones.
Continuity means that routine financial operations continue uninterrupted during periods when you cannot act. A financial power of attorney ensures bills are paid, investments are managed, and taxes are filed, preventing penalties and safeguarding credit. When paired with trust arrangements and clear successor designations, continuity also supports orderly transfers of assets and business operations. Having a documented plan reduces confusion for banks and institutions, enabling agents to address urgent financial needs promptly and in alignment with the principal’s instructions, which is especially valuable during medical emergencies or prolonged absence.
Using powers of attorney and trusts minimizes the need for public court involvement, which helps protect personal and financial privacy. A well-crafted power of attorney allows trusted agents to manage affairs privately, avoiding the publicity and cost associated with conservatorship proceedings. This private handling preserves family dignity and reduces administrative burdens. Additionally, clear documentation and communication with financial institutions can smooth transactions and prevent unnecessary requests for court orders, ensuring that affairs are handled discreetly and effectively according to the principal’s stated preferences.
Selecting an agent is one of the most important choices when creating a financial power of attorney. Look for someone who understands your values, is available when needed, and has a track record of reliable, transparent decision making. Consider naming successor agents in case the first choice cannot serve, and discuss expectations with those you appoint so they are prepared for the responsibilities. Clear written guidance within the document about limitations, allowable transactions, and recordkeeping practices helps avoid misunderstandings and ensures the agent can act with confidence when financial matters require attention.
Store the original document in a secure location and provide copies to your agent, successor agents, and key financial institutions. Inform at least one trusted relative or adviser where documents are kept so they can be retrieved when needed. Some clients register documents with banks or give notarized copies directly to institutions likely to be involved. While security is important, accessibility ensures that when a situation arises, the agent can quickly produce the document to demonstrate authority and begin managing necessary transactions without delay.
Creating a financial power of attorney addresses practical risks by providing a trusted person the legal authority to manage your finances if illness, injury, or absence prevents you from acting. It is an important part of a complete estate plan because it allows for timely payment of bills, management of investments, and handling of property matters without interruption. This planning reduces the emotional and administrative burden on family members and helps avoid court proceedings. For those with business interests or multiple properties, a power of attorney supports continuity and helps protect the value of assets during transitions.
A power of attorney also helps in everyday scenarios such as travel, temporary hospitalization, or caregiving responsibilities when immediate financial decisions are necessary. The document can be tailored to include or exclude powers related to gifting, retirement accounts, or property transfers, giving you control over sensitive matters. Regular review ensures that agents remain appropriate choices and that the authority granted still aligns with your current financial structure and family circumstances. Taking these steps now preserves options and minimizes uncertainty should unexpected events occur.
Common circumstances include aging parents who want to appoint someone to handle bills and investments, business owners needing continuity plans, individuals undergoing medical procedures, and people who travel frequently. Other situations are illness episodes that limit capacity temporarily, changes in family structure that require successor arrangements, or a desire to simplify financial administration for a spouse or partner. In each scenario, having a clear power of attorney avoids delays with banks, tax authorities, and service providers so necessary payments and transactions proceed smoothly.
As health needs change with aging or illness, managing finances can become more burdensome. A financial power of attorney provides someone you trust the authority to handle recurring bills, coordinate care payments, manage investments to support ongoing expenses, and communicate with financial institutions. This planning helps ensure bills are paid, services remain in place, and funds are available for medical care when needed. Including successor agents and clear instructions can help families navigate transitions without resorting to court processes, preserving both privacy and financial stability.
Temporary incapacity from surgery, recovery periods, or extended travel may make it difficult to address financial obligations or sign documents. A financial power of attorney that takes effect immediately or upon a defined triggering event allows designated agents to handle necessary transactions in a timely manner. This prevents missed payments, late fees, and interruptions to services. Carefully tailored powers ensure the agent’s authority matches the expected needs, such as accessing a specific account or managing particular contracts, providing a practical solution for short-term absences.
Business owners often need a plan for continuity should they become unable to manage operations temporarily or permanently. A financial power of attorney can authorize an agent to handle payroll, banking, vendor payments, and contract obligations to keep the business running. Coordination with business succession documents and entity agreements ensures transactions are valid and aligned with ownership structures. Well drafted provisions help avoid disputes among partners and provide a clear path for agents to act in the business’s best interest while honoring the owner’s intent.
If you live in Colfax or the surrounding parts of Placer County, the Law Offices of Robert P. Bergman provide practical guidance on financial powers of attorney and related estate planning matters. We assist in drafting documents that meet California legal requirements, coordinate powers with trusts and wills, and explain how each provision affects your finances and loved ones. Our focus is on clear communication, practical solutions, and ensuring your chosen agents and successors understand their roles so that when a situation arises, your financial affairs are handled promptly and in line with your wishes.
Choosing a firm to prepare your financial power of attorney means working with a legal practice that understands California law and the practical needs of local clients. We prioritize documents that clearly define authority, include sensible safeguards, and coordinate with your broader estate plan to prevent conflicts. We help clients think through agent selection, successor planning, and interactions with banks and retirement plan administrators. Our goal is to create documents that are both legally sound and usable in real situations by appointed agents and institutions.
Our approach includes reviewing existing estate planning documents, discussing family dynamics, and identifying potential issues that might arise when an agent acts on your behalf. We prepare powers of attorney tailored to individual circumstances, including trusts, business interests, and specific limitations requested by the principal. We also provide guidance on delivering documents to agents and institutions and on periodic reviews to keep the plan current. Clear, practical planning helps reduce delays and miscommunication when timely financial decisions are required.
We help clients anticipate common problems such as institutional acceptance, ambiguous authority language, and unintended powers by drafting precise, state-compliant documents. We also assist with post-execution steps, such as advising which institutions typically require notarization or additional verification, and how to revoke or amend documents if circumstances change. Thoughtful preparation and follow-through ensure a financial power of attorney functions as intended and supports the smooth management of finances during transitions.
Our process begins with a consultation to understand your family situation, assets, and objectives. We review existing planning documents, identify accounts and property that may need special treatment, and discuss agent choices and limitations you wish to impose. Based on this information, we draft a clear document tailored to meet California legal requirements and your preferences. After review and execution guidance, we help you distribute copies, advise on storage and registry options, and schedule future reviews to keep the document current as circumstances change.
The initial stage collects essential information about your finances, family, and goals so the document reflects your priorities. We discuss which accounts are in your name, any trust ownership, business interests, and anticipated needs. We also explore who is best suited to act as agent and whether successor agents are needed. This fact finding allows us to recommend whether a durable or springing power is most appropriate, and whether additional documents like a trust or advance directive should be prepared in tandem for a cohesive plan.
We talk through the specific tasks you expect an agent to perform and evaluate potential candidates for that role. We discuss preferences about gifting, property sales, and access to retirement accounts, and consider whether any agents require additional guidance or limitations. This conversation ensures the power of attorney aligns with your values and practical needs, and reduces the chance of disputes. We also outline strategies for naming successor agents and include provisions for recordkeeping and accountability to protect the principal’s interests.
A review of existing wills, trusts, beneficiary designations, and business agreements helps identify conflicts or gaps. This enables us to ensure the power of attorney covers non-trust assets and coordinates with trust funding strategies. We look at account titling, deeds, and retirement plan rules to determine whether agents will need legal authority to act and whether additional steps are required for institutional acceptance. Addressing these details early prevents surprises and ensures the final document is both practical and effective.
During drafting, we translate your goals into precise language that grants the authority needed while incorporating safeguards and limitations you request. We customize the scope of powers, include successor agent provisions, and add instructions for recordkeeping, accounting, and any required confirmations before taking significant actions. Drafting also includes decisions about when the document takes effect and whether it should be recorded or notarized for institutional acceptance. Clear, tailored documents reduce the likelihood of challenges and help agents act decisively when required.
We craft provisions that match the principal’s comfort level with delegation, whether that means allowing broad authority for comprehensive management or restricting certain powers such as gifting or sale of specific property. Clear language reduces ambiguity and demonstrates intent to third parties. We also include successor agent arrangements and specify any reporting obligations the agent must follow. Thoughtful tailoring limits misunderstandings and helps ensure banks and other institutions accept the document when it is presented for transactions.
We make sure the document meets California formalities required for validity and advise on any notarization or witness steps that institutions may require. We also provide guidance on presenting the document to banks, retirement plan administrators, and other financial institutions, and recommend steps to reduce resistance, such as providing certified copies or having an attorney accompany the agent for initial access. Addressing acceptance issues ahead of time increases the usability of the power of attorney when it is needed most.
After finalizing the document, we guide you through proper execution, including signing, witnessing, and notarization as necessary. We advise on distributing copies to the appointed agent, successor agents, family members, and financial institutions. We recommend storing the original in a secure but accessible place and scheduling periodic reviews to confirm that the document remains appropriate as assets, relationships, or laws change. Regular reviews ensure the document continues to reflect current wishes and reduces the likelihood of disputes or administrative hurdles.
Proper execution includes following California signing and witnessing rules and often involves notarization to ensure acceptance by banks and other institutions. Storing the original in a safe place while providing trusted agents with certified copies helps balance security with accessibility. We recommend discussing with banks and other institutions whether they require additional verification, and we can assist in delivering or explaining the document to major institutions ahead of time to prevent delays when agents need to act.
Life changes such as marriage, divorce, relocation, changes in assets, or the death of a named agent may require amendments or revocation of the power of attorney. Regularly reviewing the document allows principals to update agent designations, modify authority limits, and confirm compatibility with other estate planning documents. We help clients make amendments or revoke prior documents properly while advising on how best to communicate changes to institutions and family members so transitions remain smooth and authority is clear when it matters most.
A financial power of attorney is a legal document that authorizes a chosen person to manage financial matters on your behalf. It can give broad authority to handle banking, investments, property transactions, and tax matters, or it can be limited to specific tasks. People use this document to ensure continuity in financial affairs during illness, travel, or when they otherwise cannot act. Having a clear, state-compliant document prevents delays in paying bills, managing benefits, and maintaining financial obligations, reducing stress for both principals and their families. Creating a power of attorney is part of responsible planning and often complements other estate documents, such as trusts and wills. The document’s language determines the scope and timing of authority, so careful drafting is important to align with your goals. You should also consider successor agents, recordkeeping instructions, and any restrictions you want to impose. After execution, providing copies to the agent and key institutions helps ensure the document can be used effectively when needed.
Choosing the right agent involves assessing trustworthiness, availability, and judgment. Consider someone who understands your preferences, can manage financial tasks reliably, and who is willing to take on the responsibility. Many people appoint a spouse or adult child, while others select a trusted friend or professional adviser. It is useful to name successor agents in case the first choice cannot serve, and to discuss the role with the people you plan to appoint so they understand expectations and are prepared to act when necessary. When selecting an agent, think about whether you want a single agent who acts alone or co-agents who must act together. Each option has benefits and potential downsides; co-agents may provide checks and balances but can slow decision making. Including clear instructions and limits in the document helps manage potential family conflicts and ensures the agent’s authority matches your comfort level and the complexity of your financial affairs.
A durable power of attorney remains effective even if the principal later becomes incapacitated, allowing a named agent to continue managing financial matters without court involvement. In contrast, a springing power of attorney only becomes effective upon a specified event, often a medical determination of incapacity. Some principals prefer durable documents for immediate continuity, while others choose springing language to retain control until incapacity is formally established. Each approach has practical consequences that should be weighed in light of your personal preferences and potential institutional responses. Springing powers can sometimes cause delays because third parties may request formal proof that the triggering event has occurred. Durable powers avoid this delay but place more immediate authority in the hands of the agent. Careful drafting and discussions with your chosen agents and financial institutions can reduce the likelihood of disputes or refusal when the document is presented for transactions.
Whether an agent can change beneficiaries or make gifts depends on the specific language in the power of attorney. Many principals limit gifting authority or explicitly prohibit changing beneficiary designations to protect estate plans and tax-sensitive arrangements. When gifting is allowed, including clear limits and accounting requirements helps prevent misuse and unintended tax consequences. It is important to coordinate these powers with your will and trust documents to ensure beneficiary designations remain consistent with your broader estate plan. Because retirement accounts and life insurance often have separate beneficiary designations, agents typically cannot change those beneficiaries unless expressly authorized and allowed under plan rules. If you anticipate needing an agent to access or adjust retirement plan distributions, it is important to include specific language and to consult plan administrators about required procedures so the agent can act smoothly when necessary.
Banks and financial institutions in California commonly require a notarized copy of the power of attorney and may have their own forms or verification procedures. Some institutions accept the standard California statutory form more readily, while others request additional documentation such as proof of identity for the agent or a letter of instruction. Presenting a properly executed and notarized document, and notifying the institution in advance when possible, often speeds acceptance and reduces requests for further evidence. If an institution refuses to accept a valid document, agents may need to provide certified copies, seek assistance from an attorney, or in rare cases pursue a court order. To avoid these issues, discuss likely account needs when drafting the document and confirm institutional requirements for powers of attorney ahead of time so the agent can present materials banks typically accept.
To prepare for an agent to act, create a list of critical accounts, account numbers, contact information for financial institutions, and any relevant passwords or location of online access information. Share copies of the power of attorney and other estate documents with the agent, and discuss your preferences for bill paying, investment strategies, and tax filing. Establishing clear recordkeeping expectations and secure methods for sharing sensitive information reduces confusion and helps the agent act efficiently when needed. It is also wise to provide a summary of recurring obligations, insurance policies, and professional contacts such as accountants or financial advisers. If the agent will manage business interests, preparing a brief advisory file with operational details and vendor contacts helps ensure continuity. Preparing in advance protects assets and reduces stress for both the agent and family members during significant events.
Yes, a power of attorney can be limited to restrict certain actions, such as prohibiting the sale of a primary residence, limiting gifting authority, or allowing access only to specific accounts. Including precise language that lists allowed and prohibited actions makes the agent’s authority clearer to third parties and reduces potential disputes. Principals often include reporting requirements or require co-agent consent for significant transactions to add accountability while still enabling necessary financial management. Careful drafting balances usability with protection by specifying exceptions, requiring additional verifications, or setting thresholds for large transactions. These safeguards help ensure agents act in accordance with the principal’s wishes, and they provide financial institutions with clearer guidance when evaluating the document during transactions, improving acceptance and compliance.
If an agent misuses their authority, remedies can include revoking the power of attorney, seeking an accounting of transactions, negotiating restitution, or pursuing civil remedies through the courts. In serious cases, criminal prosecution may apply if theft or fraud is involved. Keeping clear records, requiring reporting by the agent, and appointing successor agents or co-agents can help deter misuses and facilitate corrective steps if misuse occurs. Prompt action by family members or advisers often prevents further harm and helps recover assets when possible. Prevention strategies include careful agent selection, including successor agents, and specifying oversight measures in the document itself. Consulting with counsel early if concerns arise helps preserve evidence and provides options for stopping unauthorized transactions, obtaining temporary court orders, or seeking supervised administration to protect the principal’s assets.
Review your power of attorney periodically, especially after major life events such as marriage, divorce, a move, changes in assets, or the death of a named agent. Laws and institutional practices also evolve, so scheduled reviews every few years can help ensure the document remains valid and effective. During reviews, confirm that agents remain willing and able to serve, update successor designations, and align the power of attorney with current estate planning documents and account titling. When circumstances change, amending or revoking a prior document and replacing it with an updated version avoids confusion. Proper revocation procedures and distribution of updated copies to institutions and family members ensure the latest document governs, reducing the likelihood of institutional resistance or disputes when the agent needs to act.
Yes, a principal can revoke a power of attorney at any time while they have capacity by executing a written revocation, notifying the agent and relevant third parties, and following any required formalities under California law. It is important to provide written notice to financial institutions and other entities that may rely on the prior document and to retrieve or destroy copies where possible. If the revocation occurs because of a change in relationships or circumstances, executing a new power of attorney with updated agent designations is often advisable to ensure uninterrupted financial management if needed. If there are concerns about the principal’s capacity at the time of revocation or about the agent’s response, seeking legal guidance helps ensure the revocation is executed properly and communicated effectively. Timely and documented steps reduce the risk that an outdated document will be presented and relied upon by institutions or third parties.
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