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.Continue Reading
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 about Law
When someone is appointed as power of attorney, he is an agent acting on behalf of another person, and his duties vary depending on the type of powers that the principal grants, according to Legal Zoom. Those duties include making donations or working with the IRS on behalf of the principal.Full Answer >
The duties that fall to an agent under a power of attorney end when the principal passes away, attorney Leana Hamill explains. The duties of an executor of a will has similar powers as a power of attorney, but an executor can't act upon those duties until the principal is deceased.Full Answer >
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 >
A notice of revocation of power of attorney is a document that allows someone to revoke a power of attorney formerly granted, Rocket Lawyer says. There are many reasons to revoke a power of attorney, including drafting a new one or if there is no longer a need for a power of attorney.Full Answer >