Recently, a prospective client called into the office wanting to obtain a Power of Attorney over her father. A Power of Attorney authorizes a person to act on another’s behalf as their agent. Commonly, most people need a Financial Power of Attorney, often referred to as a Durable Power of Attorney, and a Medical Power of Attorney.
The key thing to remember when discussing Powers of Attorney is that they must be executed by the principal, or person granting the power, not by the person receiving the Power of Attorney. This means that the person who is becoming the agent must first check to see that the person who they want to serve as Power of Attorney fo, has the mental capacity to properly execute the document.
In this prospective client’s case, the father’s mental status had already reached the point of incapacity and we were not able to execute the Powers of Attorney quite as simply. Because of the father’s limited capacity, we would have to explore an alternate option to allow the client to care for her father, such as establishing a Guardianship.
If you or someone you know have questions concerning Powers of Attorney,please contact the attorneys at Ford + Bergner LLP for a full consultation and assessment for your needs.