Understanding the Power of Attorney
The purpose of the Power of Attorney is to make the representation of the person you assigned to do your transactions legal and valid. If you want to ask someone to represent or act as on your behalf in private legal affairs like business transactions or other legal matters, you will need a letter from an attorney to authorize the representative and this is called the Power of Attorney (POA). There are types of Power of Attorney that you need to know before making as such. However, the court is not involve with the Power of Attorney unless in the case of the first person’s incapacity to make decisions. Prior to releasing a Power of Attorney you must be educated on how it works and the types of it.
What is a Power of Attorney?
A “Power of Attorney” is a written document that is use when you asked someone to represent you on your legal, financial or property transactions. However, the Power of Attorney may be in legal form but is still not a court form. If someone is incapable of making their own decisions (e.g., in a coma, mentally incompetent, etc.) and needs a representative for the decisions to make, then the court may get involved to order a legal Guardianship or Conservatorship for the person who will be represented to.
Types of Powers of Attorney
General Power of Attorney
This type is for general matters which have an unlimited scope and duration of the permission to represent the principal to act in the transactions including financial matters until the principal said so.[sociallocker]
Specific Power of Attorney
The specific power of attorney permits the representative to do a specific single transaction of the principal. The most common use of the specific power of attorney is in checking account signature and signing a contract.
Only real estate transactions can be registered in the state and other transaction do not have to be recorded.
What is a Durable Power of Attorney?
A durable power of attorney (or POA) is use in estate planning and is referred to as unlimited duration of Power of Attorney. The durability of the POA starts when you give your signature and your decision making capacity to another person who is called as your representative. You give your representative the full capacity to be you in the specific transaction that you agreed to turn over to him/ her, the agreement is valid with or without a contract as long you have the presence of your Attorney.[/sociallocker]
DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific or legal advice on the information provided and related topics, please contact us.
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