Law Library | Attorney Advertising | Financial Services | Affiliate Program | Blawg
Find the Right Lawyer Now:
Power of Attorney after Incapacitation
The power of attorney is granted by a “principal” to an “agent” or “attorney-in-fact,” to make various decisions for and act on behalf of the principal in transactions in banking, property, or law. An agent does not have to be a lawyer or attorney-at-law – she can be a trusted friend or family member.
There are three kinds of powers of attorney – nondurable, durable, and springing. A nondurable power of attorney is granted for a specific transaction, such as signing a document in a city far away. A durable power of attorney continues even after legal incapacitation, i.e., the principal grows old, sick, and unable to make decisions. A springing power of attorney, often given to health care providers, is invoked upon an incapacitating event such as a coma or other catastrophic injury.
A durable power of attorney cannot be revoked after incapacitation. This is not usually an issue because legal incapacitation is more grievous than medical incapacitation. A legally incompetent person is not able to understand what she is signing, and usually is not even aware of her own condition.
Likewise, a durable power of attorney cannot be granted by an already incompetent person. In the case of gradual incapacitation, such as Alzheimer ’s disease, an elderly person usually appoints a legal guardian – someone who will take care of them and manage all their affairs after incapacitation.
If the person has failed to appoint a guardian or grant a durable power of attorney before she becomes incapacitated, the probate court may assign a “conservator” to manage her affairs. However, most people do not want a conservator, as their affairs would be made public. Most older people with any kind of an estate will think ahead and grant a durable power of attorney and/or guardianship.
Consult a Lawyer - Present Your Case Now!
Find the Right Lawyer Now:
Did you find this article informative?
