According to the American Bar Association, the agent can sign the agent's name as attorney-in-fact for the represented party. Another alternative for the agent is to sign the represented party's name, and then add the agent's name under power of attorney.
For example, if Bill Clinton gave Hillary Clinton a power of attorney over his affairs, Hillary could sign either Hillary Clinton as attorney-in fact for Bill Clinton, or she could sign Bill Clinton, by Hillary Clinton under power of attorney. The scope of a power of attorney is limited to powers the represented party grants to the agent. These powers can be specific or general. If the power of attorney allows the agent to buy a house for the represented party, then the agent cannot make medical decisions for the represented party. If the agent acts outside the scope of the power of attorney, he may be personally liable for those actions, notes the American Bar Association.
Power of attorney is a convenient way to handle affairs in case of illness or disability. Most states have a durable power of attorney that does not expire or need to be renewed. This durable power of attorney can be revoked by giving written notice to the agent, according to the American Bar Association.Learn More
A durable power of attorney (POA) is a legal instrument that designates another responsible party to act on the behalf of the person executing the document, if they become incapacitated by illness or age, according to Nolo. Contrary to ordinary POAs, durable POAs remain in effect after a person becomes incapacitated. These can take effect immediately upon being executed, or only go into effect after mental incapacity has occurred. Additionally, once executed, POAs can be revoked at any time, provided the person is still legally competent, explains AgingCare.Full Answer >
For power of attorney to be granted to an individual, documentation requires a signature from a notary public official or additional signatures from witnesses other than the people requesting power of attorney. Specific requirements to grant power of attorney depend on the state in which the request is filed. Every notary public is trained on how to sign requests, according to the National Notary Association.Full Answer >
A power of attorney, also known as a POA, is valid until the expiration date, if one is set by the party, until it is cancelled by the individual or the individual's representative, until the individual dies or if the individual becomes incompetent or incapacitated, unless the POA was set to be durable. The exact length of validity is dependent upon the agreement specified at the creation of the POA and the choices of the individual who creates it.Full Answer >
A power of attorney form is the official paper that grants another individual the rights to make decisions regarding financial and property matters, according to the Minnesota Judicial Branch. The person on the form exonerating legal rights is the principal, and the grantee of rights is the attorney-in-fact.Full Answer >