Dear Juris Doctor;
My father is seriously ill and I am appointed his agent in a Power of Attorney. Until when may I continue to act on his behalf?
Thank you,
Rory at PGA National
Dear Rory;
A Power of Attorney terminates at the time of death of the principal (signer). A Durable Power of Attorney may continue to be effective after the principal becomes incapacitated. I recommend that you review the document with an attorney to determine when your authority terminates.
There are some misconceptions about Powers of Attorney. These misconceptions include:
- The Power of Attorney can be executed by someone legally incapacitated. Wrong!
- There is a standard form on internet. Wrong!
- The Power of Attorney can be executed without witnesses or notary. Wrong!
- The spouse or family members may act under a verbal Power of Attorney. Wrong!!
- The Agent can do whatever he/she wants on behalf of the principal. Wrong!!
Powers of Attorney are complex. Some provide very specific powers and others provide multiple powers to act on behalf of the principal. It is important you understand exactly what you are able to do as the agent so you do not exceed your authority.
Once again, I recommend review by an attorney so all your questions may be answered and you fully understand the authority given to you.
Sincerely, J.D.
If you have a legal question in the area of real estate, foreclosures, mortgage modifications, estate planning, wills, trusts or probate, please submit it to this newspaper at james@jcclaw.com.