What is a power of Attorney? It is a document that allows an appointed person, be it a lawyer or whoever it may be indicated on the form, to act or take action on behalf of the donor (The person that had the document made). Usually circumstances that would need this document are that where in the donor is either ill, incapacitated, absent or outside of the country.
How can you get a power of attorney?
A power of attorney form is usually required. This is simply a piece of paper indicating that the donor is hereby granting someone the power to act on their behalf due to reasons such as incapacitation, illness, and absence. This document however, needs to be signed by a lawyer, like any legal document, for it to have any legal power whatsoever. These kinds of forms also come in different varieties; there is a specific power of attorney form and enduring power of attorney form.
What is a specific power of attorney?
A specific power of attorney is a document that gives a specific power to an individual, be it medical, financial, or whatever is stated on the document, and will cease upon the incapacitation of the donor. This requires a specific power of attorney form to be notarized and once done will take effect immediately unless indicated otherwise.
What is an enduring power of attorney?
An enduring power of attorney is a document that allows a person or a trust corporation to make decisions for the donor once he/she is incapacitated or is no longer able to make proper decisions for himself/herself. These decisions may include financial decisions, deciding where one lives, what kind of treatment he/she should get, personal care decisions, and the signing of documents on his/her behalf. Of course, since this would entail transferring of a great deal of your rights to another person, certain restrictions or conditions can be applied.
It is important to take note that both legal documents will lose its efficacy, on the date stated, or upon the death of the donor. In the event the donor is missing, the document will cease its power once the donor is declared dead (in the case of a missing person, this would take around 7 years).
To sum it all up, the power of attorney is one of the many legal documents that you will encounter in your lifetime, and you will eventually need to make one in the event that you experience or are in one of the situations stated above.
This forms and content on this website are for informational purposes only and does not constitute legal advice. You should not rely on the information herein without consulting a licensed attorney.