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Estate Planning – Powers of Attorney 2019-10-07T15:44:30+00:00

POWER OF ATTORNEY

A power of attorney is a written document stating that one person gives to another power and authority to act for him or her. It can be general or it can be limited in scope. Powers of attorney are governed by the law of agency—a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent).

If a person becomes incapacitated and has no power of attorney, it is often necessary for a court to intervene and appoint someone as conservator to represent and make legal decisions for the incapacitated person. This can be expensive and, in cases where there is disagreement among family or other interested persons, contentious. One of the ways to avoid court intervention and the appointment of a conservator is the use of a power of attorney.

A person must be mentally capable to sign a power of attorney. A person who is mentally capable can also revoke a power of attorney at any time.

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