It could be a legal or a business matter. If you get a power of attorney for your own use, you could call yourself a principal, a granter, or a donor (of power). The other person to whom you are intentionally providing powers or authority is called the agent or the attorney-in-fact. Take note that just because the term attorney is used does not necessarily mean that you need to give an authority only to a lawyer. Durable power of attorney Unlike the non-durable type, the durable power of attorney can continue even after the principal becomes incapacitated or becomes incompetent in making decisions. The durable power of attorney can be terminated if the principal would terminate it or in the event of the principal s death. For the durable power of attorney, you should seek guidance from your private lawyer when doing the provisions or content of the document. Is it possible to make a power of attorney if I get mentally incapacitated? It is not in any way possible to do so. As mentioned, there is a requirement by law for you to fully understand what you are getting into for the document to take full effect. In any case, you can choose a person who you trust the most to decide on your behalf according to the available information at that time. That person who you assign as your agent must perform whatever you require even if it runs contrary to his or her own wishes for you. If you want something to happen in a specific situation in the future, your agent must follow your orders even if it is against their will to keep you alive despite your health condition. The first type grants an attorney-in-fact an unlimited control over your finances or health care without a predetermined period. In contrast, the second type is limited to only a certain kind of financial responsibility. 3. Be wary of the risks involved in granting another person the power to manage your finances. There are power of attorney documents which allow the agent to continue being authority even the principal is no longer mentally capable. However, in elderly cases, power of attorney could be abused. Financial/material abuse is the second highest rate of elderly abuse with 42%, following psychological abuse (59%).
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