What legal standards must a Power of Attorney meet?
The principal must sign the Power of Attorney, granting the agent authorization to act on his or her behalf. To establish that it was actually the principal signing the document, the principal’s signature must be co-signed by at least one witness. As with any other contract, the principle must have complete contractual power to delegate responsibility to the agent.
Because there are no standard forms in our law for establishing a Power of Attorney, this instrument should be drafted with extreme care and effort to safeguard both the principal and the agent. The objective of the principle is equivalent to the document’s essence. Make sure that a person with the relevant expertise and knowledge assists with the drafting and conclusion of the document to ensure that the desired goal is envisioned in the document and that the document fulfills all of the proper standards.
Do I need to hire a lawyer to draft a Power of Attorney?
A Power of Attorney does not have to be prepared or examined by a lawyer. If you are intending to delegate crucial powers to an agent, you should get specific legal counsel before signing a difficult document.
Can I obtain a Power of Attorney if someone is mentally incapacitated and unable to handle their own affairs?
A person who has been found mentally incompetent will be unable to sign a power of attorney because he or she lacks full contractual competence to provide the agent authorization to act on his or her behalf. In this instance, an application must be submitted to appoint a curator to oversee the individual’s affairs.
Can I get a Power of Attorney for someone who has been diagnosed with early-onset Alzheimer’s or dementia?
The Power of Attorney will be binding and legal if the principle is still of sound mind and knows exactly what he or she is doing. When signing the power of attorney, the principle should have full contractual competence to provide the agent authorization to act on his or her behalf.
What are the limitations of a Power of Attorney?
The agent must be given legal power. If the principal grants the agent authorization to commit a felony in the Power of Attorney, that authority is invalid and against the public interest. The agent must be able to carry out the activities and powers delegated to him. If the activity that the agent is to carry out is physically impossible, such as traveling to Jupiter, the authority is null and void.
What is the distinction between a General Power of Attorney and a Special Power of Attorney?
A Power of Attorney can be classified as either a regular document or a Special Power of Attorney. If the principle requires the agent to complete only one specific act and the extent of the agent’s authority only includes that activity, such a clause might be incorporated in the Special Power of Attorney. This will apply when the principal just asks the agent to sign the sale agreement on his behalf.
