A power refers to an ability of a person to do and act about something which includes influencing people. This type of character is commonly associated with heroes, and professionals especially those who are serving on the jury or the court. A known power under the court is a Power of Attorney.
The Power of Attorney is a legal document that allows authorization and, at the same time, consent for an individual to represent the authorizing person. The appointed person may be authorized to do transactions, manage properties and owned business enterprises.
Power of Attorney Form Sample
The person who mandates and authorizes the power is known as the grantor of the power. He should be in a good and healthy state of mind to legalize the power. The person who is appointed by the grantor is the attorney-in-fact. Though by the name or term used for the appointee, it is not necessary that he is a lawyer or an attorney to stand as the grantor’s representative.
There are some kinds of Power of Attorney that revokes the authorization once proven that the grantor of the power has mental disabilities and issues, while some still allow the attorney-in-fact to act on the grantor’s behalf even in the grantor’s event of incapacitated state such as a Durable Power of Attorney.
Durable Power of Attorney
A Power of Attorney will be in a strong legal stand if it is in a written document compared to an oral agreement. However, some states allow a grantor to authorize a power by using his voice together with a witness who will encode his statements. In this case, an oral and written power is fully authorized to the attorney-in-fact. A duplicate copy is required by most institutions who honor a Power of Attorney, similar to an Authorization Form and a Release Form, for documentation and recording intentions.
Personal Power of Attorney
One type of document under this category is a General Power of Attorney. This authorizes the attorney-in-fact to do everything that the grantor can do with regards to transacting up to deciding for a next step in the grantor’s business matters.
General Power of Attorney
A type of Power which highly contrasts the General Power of Attorney is a Special or Limited Power of Attorney. Compared to the General, this power only allows the attorney-in-fact to deal with specific transactions and actions which were stated by the grantor.
Limited Power of Attorney
A Power which should be used and provided with caution is a Durable Power of Attorney or an Enduring Power of Attorney. This is due to the reason that even in the event of the grantor’s incapability, the power will still remain valid and legal which means that the attorney-in-fact can still transact under the grantor’s name. When choosing an attorney-in-fact for this type of power, the grantor should be able to know and trust the person well. However, in the death of the grantor, the power will be given to the person whose name is stated on the grantor’s last will and testament. And if there is not a single document that the serves as the grantor’s will, the court will be held responsible for the grantor’s properties.
Limited Durable Power of Attorney
In the field of medical and healthcare, a Power of Attorney specified for this area will be needed which is known as a Healthcare Power of Attorney. This is to give an authorization for the attorney-in-fact to deciding, terminating, and monitor health care decisions for the grantor. Since health-related decisions should be critically made, the grantor can indicate restrictions for his attorney-in-fact especially when it comes to life-death matters.
Healthcare Power of Attorney
There is a particular Power of Attorney which only becomes effective during the grantor’s incapacitated state or accident. This is known as a Springing Power of Attorney. It is associated to a Durable Power of Attorney after the grantor’s incident and illness. Most grantors appoint their family members, relatives, and spouses for having this power in assuring that there will be someone to take care of their legal affairs as they are incapable of dealing further issues.
Specific Power of Attorney
An Enduring Power of Attorney is not accepted and validated in some states or countries, therefore requiring the use of a Lasting Power of Attorney. This type is composed of two subcategories which are the Financial and Property Affairs, and the Personal and Health Welfare. Countries that consider a Lasting Power of Attorney allows their grantors to appoint two different attorneys-in-fact to deal with varying categories.
Lasting Power of Attorney
Power of Attorney Requirements:
- The statements on the document should be formal and should follow the state’s regulations regarding the format and arrangement of the document.
- A doctor’s statement should be indicated in the document that the grantor is in proper and well mental capacity when authorizing the attorney-in-fact.
- The grantor should state that he fully understood the measures and effects of giving the authorization with regards to his affairs.
- The document should have the attorney-in-fact’s coverage and the limitations in which he can act on behalf of the grantor.
Durable Financial Power of Attorney
Military members and services also use a Power of Attorney, specifically a Military Power of Attorney. This is often used by grantors who are serving the military and wanted to appoint an attorney-in-fact to handle his affairs at home. Financial purposes are one of the main reason why this power is usually given to a military member’s spouse and relatives.
Military Power of Attorney
Signing the Power of Attorney will require the parties to use their legal check signatures and include these on each page of the form. A witness, mostly a notary person, should be present during the signing and executing of the power.
Special Power of Attorney
Regardless of the type and limitations stated on a Power of Attorney, the grantor and the attorney-in-fact should both be of legal age and have a sound mind in doing this sort of deal. When a Power of Attorney is used for international and foreign purposes, it is required by most jurisdictions to authenticate the document. In acquiring an authentication, the state’s government officer will have to certify that the signatures affixed to the document are legal and that the statements are validated.
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