A Durable Power of Attorney authorizes the principal’s named representative [attorney-in-fact] to continue to act for him or her after he or she become incapacitated; the legal document must contain the words, “This Power of Attorney shall not be affected by my disability” or “This Power of Attorney shall become effective upon my disability” or something along similar lines.
However, the principal must sign the Durable Power of Attorney signed before he or she becomes disabled. Also, the document should ideally indicate how the principal will be determined to be disabled so that when the attorney-in-fact tries to implement the Durable Power of Attorney, he or she can convince the third party that the principal is indeed disabled.
A Durable Power of Attorney may be restricted to authority over real estate and financial matters. But if the principal is authorizing someone to make medical decisions on his or her behalf, he or she may indicate whether life support systems should be withheld or withdrawn in the face of a terminal illness or imminent death.
The principal may revoke a Durable Power of Attorney at any time. To do so, he or she should inform the attorney-in-fact, in writing, that the Power of Attorney is being revoked and request the return of all copies of the Power of Attorney. The principal should also notify his or her bank or other financial institution where the attorney-in-fact has used the Power of Attorney that it has been revoked. Lastly, he or she should file a copy of the revocation with the County Clerk, if the Power of Attorney has been filed in the Clerk’s office. It is in the principal’s best interests to hire a lawyer to carry out the revocation.
Related Articles of Interest :
-
Medical Power of Attorney
10 August 2010 8:30 PM |
No Comments
A Medical Power of Attorney gives specific instructions, prepared in advance, that are intended to direct medical care for an individual if he or she becomes unable to do so in the future. Plainly speaking, a Medical Power of Attorney is made in anticipation of...
-
Power of Attorney Forms
10 August 2010 8:30 PM |
No Comments
A Power of Attorney is a legal document that evidences the creation of a liaison between two people who are designated as “principal” and “agent”. Through this document, the principal authorizes the agent to act on his or her behalf. A Power of Attorney can...
-
Specific Power of Attorney
10 August 2010 8:30 PM |
No Comments
The Oxford dictionary defines a Power of Attorney as “the authority to act for another person in specified legal or financial matters”. Simply speaking, a Power of Attorney establishes a fiduciary relationship between two individuals – the principal and named representative [attorney-in-fact]. There are, broadly...
-
Limited Power of Attorney
10 August 2010 8:30 PM |
No Comments
Through a limited Power of Attorney, the “principal” can authorize another person, i.e. “agent”, to carry out specified tasks on his or her behalf for limited time duration or only under certain circumstances. The Power of Attorney is therefore “limited” or tailored to meet the...
-
Real Estate Power of Attorney
10 August 2010 8:30 PM |
No Comments
A real estate Power of Attorney grants legal authority to another party or agent to make financial decisions regarding the principal’s real property, including purchase and sale. In particular, the Power of Attorney provides the authority to negotiate, purchase, sell, convey, transfer, mortgage, preserve, or...
-
Power of Attorney
10 August 2010 8:30 PM |
No Comments
The Oxford dictionary defines a Power of Attorney as “the authority to act for another person in specified legal or financial matters”. In other words, granting someone a power of attorney empowers that person to manage your financial or legal affairs within defined boundaries. The...
-
General Power of Attorney
10 August 2010 8:30 PM |
No Comments
A general Power of Attorney is used by the principal to allow the agent to handle all of his or her affairs during a period of time when he or she is not capable of doing so, for example, when the principal is traveling out...
-
Power Scooters
10 August 2010 8:30 PM |
No Comments
Power scooters are specially designed scooters with three or four wheels, and are generally operated by a thumb controller placed on the handlebar. This specially designed scooter can be used for both indoor and outdoor purposes. Power scooters are mainly used by physically disabled and...
-
Medical Malpractice Attorney
10 August 2010 8:30 PM |
No Comments
Medical malpractice is one of the most commonly recognized forms of malpractice. It refers to the breach of duty by the medical professionals (such as doctors, nurses, technicians, therapists, or hospitals) in providing a decent standard of care to the client and, in the process,...
-
Tax Attorney Jobs
10 August 2010 8:30 PM |
No Comments
Tax attorney jobs are available in the fields of business, income, property, estate, and international taxes. Apart from a proper degree in taxation law, experience is also crucial. While a majority of tax attorneys in the US have a private practice, some attorneys work as...