Power of attorney - Free law preview - Power of attorney form - Durable power of attorney - Health care power of attorney

   

Power of attorney - Free law - Power of attorney forms - Durable power of attorney - Health care power of attorney

 LEGAL SERVICES   LEGAL FAQ's   DISCUSSION BOARD   FIND LAWYER   LEGAL FACTS   LEGAL NEWS   LOGIN 
empty space My Shopping Cart   empty space
        Power of Attorney  
        Bill of Sale  
        Living Will  
        Premarital Agreement  
        Last Will  
        Living Trust  
        Divorce Online  
        Credit Report  
        Incorporate & LLC  
        Change Name  
        Criminal History  
   
 
   
Avoiding Power of Attorney Abuses:
Power of Attorney, Part One.


by Amy Snyder, MSW, Project Coordinator, NYS Office for the Aging.

What is a Power of Attorney?

A Power of Attorney is a written legal document that, in its simplest form, establishes a fiduciary relationship between two individuals. Essentially, it gives someone the authority to act on your behalf.

The person that appoints a Power of Attorney is commonly referred to as the "principal" and the person that they appoint is referred to as the "agent," or the "attorney in fact." Once a Power of Attorney is signed, the agent has the authority to make decisions for the principal.

The Power of Attorney has to be created by a principal who has the mental capacity to understand what he or she is signing. This understanding must be demonstrated at the time that the document is signed.

The authority granted under a Power of Attorney can either be broad or very limited in nature. For instance, a broad Power of Attorney might give the agent control or responsibility over the principal's entire net worth. On the other hand, a limited Power of Attorney only allows the agent to conduct specific business affairs for the principal. There are three types of Power of Attorney. These include durable, non-durable, and springing Powers of Attorney.

A durable Power of Attorney gives the agent the right to continue managing the principal's affairs, even after the principal loses their mental capacity or becomes disabled.

A non-durable Power of Attorney is typically used for a specific reason, such as the temporary management of financial affairs while the principal is physically unavailable.

A springing Power of Attorney allows the principal to plan for the future in preparation for the onset of a specific event that may "spring up," such as illness or disability.


"Avoiding Power of Attorney Abuses:
Power of Attorney, Part One."
                                All news

 
 OUR MISSION   FACTS   CREDIT REPORT   LEGAL DISCLAIMER   CONTACT US   SITEMAP   BLOG