Many times, situations arise where an individual is unavailable or unable to complete a task that requires an in-person appearance. In such situations it is common for that individual to give another the power of attorney. Attorney King has ample experience drawing up and assuring such agreements are carried out.
A power of attorney is created when an agreement is created whereby one person (called the principal or grantor) provides another person (called the attorney-in-fact or agent) with the explicit authority to act on behalf of the person authorizing such power. The type of relationship, including the length and scope, can be decided upon by the parties. The person to whom the power is given may be referred to as the “attorney-in-fact”, even though this person does not have to be an attorney. In general, any competent adult may be named as an agent or attorney-in-fact.
There are different types of power of attorney relationships.
The principal (the person granting the power) must be competent when the powers are granted. Thereafter, the principal may revoke the powers granted at any time.
The powers granted need to be carefully tailored to the intent of the principal, which is why an attorney should be consulted for drafting purposes.
An individual who is given the power of attorney is deemed the agent or attorney-in-fact. The person who holds the power can perform all acts within the executed power of attorney provisions. So long as the acts are in accordance with such provisions, they are non-reviewable by courts and do not require any further permission.
A person who has been given power of attorney must always act in good faith and cannot take the position if he/she stands to gain from the relationship.
There are two common situations in which a special power of attorney may be desirable:
While it is not necessary, to assure that the power of attorney agreement is not questioned, it is good to have it signed before a public notary.
A power of attorney can be terminated by revocation of the principal, death of the principal, disability (unless it is a durable power of attorney), expiration as provided in the power of attorney, or upon the occurrence of a specified event as provided in the power of attorney.
It is important to make sure that the power of attorney agreement only contains what you want. You don’t want to find yourself in a situation where too much or too little power is given to the attorney in fact.
If you are in need of power of attorney, please call my office to schedule a meeting. Upon learning about you needs and wishes, I can draft a power of attorney to accomplish your objectives.