Power of Attorney. Download online state specific power of attorney forms
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To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
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A Durable Power of Attorney (which can grant the same authority under a General Power of Attorney or a Limited Power of Attorney) is different in that the acts by the Agent (Attorney-in-Fact) are not affected by the Principal's disability or incapacity. An Attorney-in-Fact may act as if the Principal were competent and not disabled. A Durable Power of Attorney is a Power of Attorney by which the Principal designates another as the Principal's attorney in fact in writing and the writing contains the words: "this Power of Attorney shall not be affected by subsequent disability or incapacity of the principal" or "this Power of Attorney shall become effective upon the disability or incapacity of the principal" or similar words showing the intent of the Principal that the authority conferred shall be exercisable notwithstanding the Principal's subsequent disability or incapacity.
It is important to note that a Durable Power of Attorney may be effective immediately or may become effective upon the happening of disability or incapacity occurring in the future. With an effective Durable Power of Attorney, the authority given would remain in full force and effect even if the Principal was in a coma and could not speak or communicate. Of course, this may well be the most important time for a Durable Power of Attorney to be used.
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Return to all Power of Attorney legal information
Legal Articles about Power of Attorney
Power of Attorney Frequently Asked Questions
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Different types of powers of attorney
There are "Nondurable ," "Durable," and "Springing" Power of Attorney ...
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Protect your relationship by POA
A power of attorney is a document that allows you to dictate who you would like to make decisions ...
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Who Will Make Life or Death Decisions?
One of the most difficult things about choosing your legal decision-maker is discussing end-of-life ...
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A method to avoid elder exploitation
mySanAntonio.com
If she has an older Durable Power of Attorney that does not grant that authorization, then it may be more difficult to protect her. A Living Trust has three positions of authority. The Grantor (in this situation, your mother) establishes the Trust and ...
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Think you're not rich enough to need a will? Think again
CNBC
Wills are not set-and-forget documents. They should change and evolve throughout a lifetime. Everyone should have a will, even if only to designate an heir for a checking account or car title. Should you not designate heirs, the state will determine ...
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