Power of Attorney

What is a Power of Attorney?
A Power of Attorney is a document in which one person ("the donor") names another person ("the donee") to act as the donor's agent. In other words, when you sign a Power of Attorney, the person you name in that document is the authorized to act in your place subject to the type of power that is given.

There are two types of Power of Attorney. The first is general and is the one in which you give the donee the power to do all things which you can lawfully do. The second is a limited or specific Power of Attorney in which you give the donee the authority to only perform specific acts on your behalf.

Who can give a Power of Attorney?
Anyone who is 18 years of age or older and who can appreciate the nature and extent of their property and affairs, can understand to whom they are giving the authority set out in the Power of Attorney, and can appreciate the extent of that authority.

Who can I appoint in my Power of Attorney?
Anyone who is of sound mind can be the donee in your Power of Attorney. Of course, you should also choose someone who you trust to manage your property and affairs in your best interests. You may also choose more than one person.

Why should I have a Power of Attorney?
A Power of Attorney gives you control over whom will manage your property ands affairs in the event that you lose mobility or mental capacity. It is also much more simple and can be much less expensive than alternatives such as committeeship.

What if I change my mind about whom I wish to appoint in my Power of Attorney?
In a specific Power of Attorney, the completion of the specific task or the passing of a date specified in the Power of Attorney results in the termination of the Power of Attorney.

A specific or general Power of Attorney ay be terminated by any one of the following:
-mental incapacity of the donor unless the Power of Attorney specifically states that it is to survive such incapacity.
-incapacity of the donee.
-death or bankruptcy of the donor or donee.
-revoking the Power of Attorney by giving notice to the donee of the revocation.

A Power of Attorney may take effect immediately or upon certification of mental incapacity or as described in the document.

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