A specialized power of attorney is attached to and becomes a permanent part of the bail bond. This power of attorney is essential to the commercial bail industry. It establishes that the agent executing the bond does so as an attorney-in-fact with the authority of the surety to post the bond. It binds the bail insurance company the undertaking. It also establishes a unique number for each bail transaction. This important feature creates the foundation for commercial bail’s business management systems.
Unlike powers of attorney used in construction and commercial surety arenas, bail powers do not contain the pre-printed names of specific individuals who are authorized as attorneys-in-fact. A bail power can be used to post appearance bonds by any licensed bail agent holding an appointment from the issuing bail insurance company. Bail powers are issued with expiration dates in sequentially numbered sets of various denominations. They are supplied to bail agents in a tightly controlled process. Agents are contractually obligated to report the execution and status of all bonds written with powers of attorney that are entrusted to them. They must also account for unexecuted powers.