You cannot obtain an emergency power of attorney after someone has already become mentally incapacitated. A power of attorney must be signed while the person still has legal capacity. If incapacity has already occurred, the only way to gain decision-making authority is through a court-ordered temporary guardianship or conservatorship. Knowing which...
Category: Power of Attorney
What Happens If You Don’t Have a Durable Power of Attorney?
A power of attorney (POA) is a legal document that gives someone the authority to act on another person’s behalf. The person granting authority is called the principal, and the person receiving it is the agent. A POA can cover financial matters, healthcare decisions, or both. The principal decides what powers to...
How to Avoid Abuse of Durable Power of Attorney: Legal Safeguards
Choosing someone to make decisions for you under a durable power of attorney (POA) is a big step. This legal document allows a trusted person, called your agent, to handle your finances, property, or medical choices if you lose the ability to do so yourself. A power of attorney can be useful,...