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Originally a Power of Attorney was a deed which appointed an agent or attorney during the pleasure of the person doing the appointing. That is to say, the person holding the Power could act on behalf of the person who signed it provided that the person who signed it continued to hold him out as his agent. The power was subject to cancellation at any time.
The law was that if the giver of the Power no longer had mental capacity to give it, the Power lapsed, because the giver could no longer hold the holder out as his agent.
However, many people thought that a Power of Attorney would be a useful device to empower someone to look after the affairs of the incompetent--it was cheaper than getting a court order to commit someone, and the person could appoint the custodian of their choice. However, that was not possible without special legislation to allow Powers of Attorney to last under certain circumstances even when the giver is no longer mentally competent. Such Powers are called durable powers because they survive mental incompetency. Powers which lapse on the incompetency of the giver are nondurable.
What else can I help you with?
Can a power of attorney delegate their authority to another power of attorney?
No, a power of attorney cannot delegate their authority to another power of attorney.
What kind of attorney can handle a power of attorney?
Anyone can act as a power of attorney for someone else. You do not have to be an attorney
form needed for power of attorney?
power of attorney
How do you use power of attorney in a sentence?
The power of attorney represents a living person in business dealings. The power of attorney ends with the death of the grantor.
Can a lifetime estate be ended by a power of attorney?
No. A power of attorney ends with the death of the principal.No. A power of attorney ends with the death of the principal.No. A power of attorney ends with the death of the principal.No. A power of attorney ends with the death of the principal.
Is a power of attorney still valid after the principal dies?
A power of attorney terminates when the principal dies.
What is the difference between power of attorney and attorney in fact?
The person given power to act under a Power of Attorney document is called the Attorney-in-fact or Agent.
When does power of attorney end in Georgia?
A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
Does a general power of attorney need to be filed with the courts?
Yes. You should be sure to have a general power of attorney and/or medical power of attorney.
Who handles the power of attorney forms?
Power of attorney is giving out the power or responsibility to another person. The power of attorney forms are handled by the Income Revenue Services.
What form do you use to give legal medical power of attorney for your children?
That type of power of attorney is also called a Child Medical Care Authorization Form.
If an attorney is the attorney-in-fact in the power of attorney can he notarize it?
No. Absolutely no.
