A Power of Attorney is a document that allows you (the principal) to name an individual (an agent) to act on your behalf with respect to your finances. A Power of Attorney can be drafted to allow the agent to only act while the principal is capacitated. A Durable Power of Attorney can be can be drafted to allow the agent to act during the Principal’s capacity and incapacity. A Power of Attorney can be drafted to allow the agent to act only when the Principal is incapacitated. This Springing Durable Power of Attorney springs into effect at the Principal’s incapacity. A few additional things to consider about a Power of Attorney: Powers of Attorney can have limited powers or very general powers and all Powers of Attorney terminate at the death of the Principal.
1 response so far ↓
1 ashanno // Nov 24, 2009 at 4:38 pm
Thank you for the above information. The last sentence answered my question. Great Blog!!! I was looking at a General Durable Power of Attorney Effective Upon Execution that a client gave me when signing paperwork for deceased parents and the title was confusing me. I told the client the form does not work now that her parents are deceased but then started questioning myself.
Angela
You must log in to post a comment.