Frequently Asked Questions about Power of Attorney

If you are considering getting a power of attorney, you should fully understand what it is all about. In general, it is a legal requirement that you be in a competent and normal state of mind when getting a power or attorney or appointing a person to be your attorney-in-fact. However, it could be very hard to prove that you are not well when you do so. It would be safe to get that document even if you are in the pink of health or even if you do not foresee any event that would make you unable to handle your affairs.

There are several frequently asked questions about this subject. It would be wise to be more familiar about power of attorney to fully understand how it could be of best use for you.

Do I need to appoint a lawyer as an agent?

The agent is also usually called the attorney-in-fact. You could appoint a lawyer as your agent. However, it is not a requirement. In fact, you could appoint just about anyone (in legal age) as your attorney-in-fact. The appointment and authorization should be clearly stated in the legal document (a power of attorney is actually a legally effective document).

How is the power of attorney created?

You need to completely fill out a specific power of attorney form. It should state yourself as the principal and identify the agent you are appointing to take authority on your affairs if you become unable to do so. Of course, it is a requirement that your appointed agent agree to take the authority you are giving. The document should be duly witnessed by a lawyer or a notary public. For the durable power of attorney, you should seek guidance from your private lawyer when doing the provisions or content of the document.

Is it possible to make a power of attorney if I get mentally incapacitated?

It is not in any way possible to do so. As mentioned, there is a requirement by law for you to fully understand what you are getting into for the document to take full effect. It is advisable that you make a power of attorney even if you do not feel any illness or you do not expect any event that would incapacitate your mental state. It is always ideal to be prepared.

Could the power of attorney be revoked?

Of course, it could be revoked especially if you are no longer comfortable about the kind of service or performance your agent is giving you. Be reminded that it is your right to revoke any authority you provide a person through a power of attorney anytime. You should accomplish a revocation form and distribute copies to all institutions and agencies that could be concerned with transactions, including hospitals and banks. Your agent should also formally receive a copy of that revocation.

As for the durable power of attorney, you could do two actions. First, you could get into a new durable power of attorney to name a new person as your attorney-in-fact or agent. Second, you could decide to handle all your own affairs.

Other Power of Attorney and Your Life Articles

Important Considerations When Creating a Financial Power of Attorney
How an Agent in Your Power of Attorney should Manage Your Money
Medical Issues And Power Of Attorney
Power of Attorney: What to Consider in Choosing an Attorney-in-Fact
Frequently Asked Questions about Power of Attorney
Power Of Attorney And Its Validity
What are the Different Types of Power of Attorney? 
What Is The Durable Power Of Attorney For?
Essential Information about Durable Power of Attorney
What Power of Attorney Is
Watching It: Power Of Attorney And Problems
Choosing The Best Agent For Your Power Of Attorney
Power of Attorney: Should You Get One?
Choosing an Agent for your Power of Attorney
Preparing for Your Future? Consider a Health Care or Medical Power of Attorney
How Much Power of Attorney Should You Give to Your Attorney-in-Fact?
Power of Attorney: A Brief Overview
Four Main Types of Power of Attorney
The Pros And Cons Of The Power Of Attorney
Power of Attorney 101
Seven Steps in Preparing a Power of Attorney
An Insight On The Different Types Of Power Of Attorney
Understanding The Power Of Attorney
Types Of Power Of Attorney
Why Do You Need to Prepare a Power of Attorney?

Power of Attorney and Your Emotions Videos

Site Index Page * Home Page * Privacy Policy * Conditions * Disclaimer * Contact

Disclosure: Advertisements are placed on this website to offset the cost of maintenance and to keep this site free for everyone to use. Owners of this website will receive compensation for products and services purchased through featured advertisements.
All claims of actual user results should be considered as a-typical.

© 2011 Copyrighted by OkiDoki - All Rights Worldwide Reserved!
Site and articles redirected and transformed by Hans Peter M. Mul