The power of attorney ( POA ) or power of attorney is a written power of attorney to represent or act on behalf of another person in personal, business, or some affairs other laws. People who allow others to act are the main , donor , or donor (of the power). The authority to act is an agent, or, in some general law jurisdictions, attorney-in-reality .
Previously, the term "power" refers to the instrument signed under the seal while the "letter" is an instrument under the hand, meaning that it is only signed by the parties, but today the power of attorney does not need to be signed under the seal. Some jurisdictions require that the attorney's attorney be notarized or witnessed, but the other will impose a power of attorney as long as it is signed by the giver.
Video Power of attorney
Lawyer in reality
The term lawyer-in-fact is used in many jurisdictions rather than the term agent . The term should be distinguished from the terms lawyer-in-law . In the United States, a lawyer-in-law is a lawyer who is also licensed to become an advocate within a particular jurisdiction. A lawyer-in fact may be a layman and authorized to act in accordance with the powers granted by power of attorney, but should not engage in actions which constitute unlawful legal practice.
In the context of an unrelated interconnection exchange (URIE) exchange, the in-fact prosecutor is a stakeholder who takes custody of customer funds placed on deposit with him, and then uses the funds to pay for insurance claims. When all claims are paid, the lawyer-in fact then returns the remaining funds to the customer.
The Uniform Power of Attorney Act uses the term agent . As an agent, a lawyer is actually a fiduciary for the principal, so the law requires lawyers to be completely honest and faithful to the principals in their relationships with each other.
Caution should be taken when choosing a lawyer in reality, since some lawyers have in fact used their authority to steal assets from vulnerable individuals such as parents (see older harassment).
Maps Power of attorney
Structure and requirements
Grant Capacity
The person who created the power of a lawyer, known as the giver, can only do so when he has the necessary mental capacity. Suppose the giver loses the ability to grant permission once the power of attorney has been made (eg, from Alzheimer's disease or head injury in a car accident); then that power may no longer be effective. In several power of attorney, the grantor stated that he hoped the document would remain in effect even after he became incapable. This type of power is often referred to as a durable lawyer's power. If a person is not able, it is impossible for the person to execute a valid power. If one does not have the capacity to enforce a power of attorney (and does not have long lasting power), often the only way for others to act on their behalf is to have a court imposing conservatory or guardianship.
Oral and written
Depending on the jurisdiction, the power of attorney may be oral and whether witnessed, will be held in court, just as it is written. For some purposes, the law requires a power of attorney to write. Many institutions, such as hospitals, banks and, in the United States, the Internal Revenue Service, need a power of attorney to write before they honor him, and they will usually keep original copies or copies for their records. Home care often follows the same practice.
The same dignity rules
an equivalent code of dignity is a legal principle requiring authorization for a person performing a specific action to another person who has been designated with the same formalities as required for the action to be performed by that representative. This means, for example, that if a principal authorizes a person to sell the principal's house or other real property, and the law requires a contract for the sale of real property to be made in writing (required under the Fraud Statute in most of the US) jurisdiction ), then authorization for others to sign a sales contract and a deed must be in writing as well. Similarly, in the jurisdiction of general law other than the US, an attorney's power to enforce a deed (ie an instrument sealed or executed in the presence of two witnesses) shall be executed on its own as a deed.
Execution
In order for a power of attorney to be a legally enforceable document, it must at least be signed and dated by the principal. Some jurisdictions also require that a power of attorney be witnessed, notarized, or both. Even when unnecessary, after a document is reviewed and signed (and often stamped) by a notary it may increase the likelihood of holding back legal challenges.
If an attorney is actually paid to act on behalf of the principal, the payment contract may be separated from the authorization document. If a separate contract is made in writing, as a separate document may be kept personally between the principal and the agent even when the power of attorney is given to another person for the purpose of performing the agency's duties.
Type
Power of attorney may be: special (also called limited ), public , or temporary . The special power of lawyers is limited to a particular action or type of action. The power of attorney is what enables an agent to make all personal and business decisions. The power of a temporary lawyer is one with a limited period of time. Where appropriate, the strength of a durable lawyer may be revoked or modified as long as the principal still has the mental ability to act.
Durable
Under general law, the power of attorney becomes ineffective if the donor dies or becomes "incapable", meaning it can not provide such force, due to physical injury or mental illness, for example, unless the giver (or principal) determines that the power of attorney will continue to apply even if the lender becomes incapable. This type of power is called a "lawyer with durable provisions" in the United States or "enduring power" elsewhere. Consequently, under the strength of a durable lawyer (DPA), the in-fact lawyer's authority to act and/or make a decision on behalf of the giver continues until the death of the giver.
Health care
In some jurisdictions, the strength of a durable lawyer can also be a "health care force of a lawyer". This special statement authorizes lawyers to make health care decisions for the giver, up to and including terminating care and life support. The giver can usually modify or limit the agent's power to make life's final decisions. In many jurisdictions, the power of health care is also referred to as a "health care proxy" and, as such, both terms are sometimes used interchangeably.
Relationships with advanced health care directives
Associated with the power of health care attorneys is a separate document known as advanced health care directives, also called "life will". The will of life is a written statement of a person's health care and medical expectations but does not appoint others to make health care decisions. Depending on the jurisdiction, the healthcare attorney's power may or may not arise with the direction of health care in advance in a single physical document. For example, the California legislature has adopted standards of attorney's power for health care and advances health care referral forms that meet all requirements of the country's law provisions for power and advances health care directives in a single document. Compare this to the State of New York, which enacts a Health Care Proxy law that requires separate documents to be prepared by appointing one as your health care agent.
Springing
In some U.S. states and other jurisdictions, it is possible to grant the power emerging from lawyers ; that is, forces that are only applicable after the inability of the grantor or certain future actions or circumstances. After the disability, its strength is identical with long-lasting power, but can not be executed before disability. This power can be used to enable a spouse or family member to manage the giver's business if illness or injury renders the giver unable to act. If the spring power is used, the giver must determine exactly how and when the spring force is applied. As a result of privacy laws in the US, doctors will often not disclose information relating to the capacity of the principal unless the authorization specifically authorizes them to do so.
Determining whether the principal is "defective" enough to start this type of representation is a formal process. The power of lawyers emerging is not automatic, and the institution may refuse to work with an actual lawyer. The dispute was then settled in court.
Unless the attorney's power has been created irrevocably by its own terms or by some legal principles, the grantor may withdraw the power by saying that the lawyer is actually revoked. However, if the principal does not notify third parties and is reasonable if a third party relies on a lawyer's power, the principal may still be bound by the agent's actions, even if the agent is also liable for such unauthorized acts.
Standard form
Standard forms are available for different types of power of attorney, and many organizations provide them to clients, customers, patients, employees, or their members. However, givers should be careful when using standard POA forms obtained from sources other than lawyers because there is considerable variation in the state-approved format. In some states the legal power of lawyers forms is available. Examples include the California Statute Bills Form, New York-Generated Power of Attorney, and Wisconsin Power Renewal Form.
Imposing limitations on agent strength
Although the power of attorney gives the agent the power to take action without the grantor, the POA can not provide power to the agent as opposed to the rules and regulations governing persons and companies dealing with agents. For example, if the bank has a rule requiring the giver to be physically present at the bank to perform certain actions, the POA can not authorize the agent to perform such action without the grantor.
Custom use
Proxy voting
Robert's Rules of Order notes that proxy selection involves giving power. The term "proxy" refers to the power of the prosecutor himself and the person given to him.
Financial
In a financial situation in which the principal asks securities brokers to perform extensive investment functions on behalf of the principal, regardless of the principal's advice, the power of attorney must be formally given to the broker to trade the principal account. This rule also applies to principals who instruct their brokers to trade and certain certain principles that trust their broker to make certain trades in the interest of the principal.
Legal status by country
Australia
In Australia, anyone who has the capacity can provide a power of attorney. This can be done either for a predetermined period of time, or indefinitely ("immortal"). The power of attorney can be given to one individual, or several individuals. When given to some individuals, they can be authorized either to act together (all together) or to act separately (each can act individually).
England and Wales
In English and Wales law, anyone who has the capacity can provide a power of attorney. This can be general (that is, do anything lawyers can legitimately do), or deal with certain actions (for example, to sell freehold properties). The power of attorney is valid only when the donor has the capacity to ratify the lawyer's actions, unless it is made in the form of a lawyer's lasting power and is registered with the Public Guardian's Office. This new form of power was introduced in 2007 under the 2005 Mental Capacity Act and replaced the former long attorney attorney, even though the EPA that was created correctly before the law was amended is still in effect. EPA only needs to be registered if the donor has lost its capacity.
The General Guardian Office provides an online process to register power of attorney.
Many of the provisions in the preceding paragraphs use terminology that differs from general English usage or the terms used in the 2005 Mental Capacity Act. Examples include longstanding attorney power, face-to-face, and notary public.
Republic of Ireland
Irish law has two forms of power:
- Power of attorney, which may be general or specific, stops after donor becomes incapable
- Persistence of power of attorney, applicable after donor is unable
The donor's death ended both.
The relevant rules are the Powers of Attorney Act 1996 and the Powers of Attorney Regulations 1996 (SI No. 196/1996) which have been amended by SI No. 287/1996. Section 7 of the 2015 Decision Making (Capacity) Act provides new arrangements for those who want to create a Power of Attorney Agreement and after 2015 action commences, no new powers will be created under the 1996 Act.
Create attorney power
A lawyer is not required when creating a Power of Attorney - it can be made when signed by a donor in the presence of a witness.
Creating an Enduring Power of Attorney requires the following:
- it must be in a certain format
- statements from doctors stating that doctors think donors have the mental capacity to understand the effects of creating a lawyer's power when the document is executed
- statement from donors to say they understand the effects of creating power
- statements from lawyers to say they are satisfied that donors understand the effects of creating a lawyer's power
- statements from lawyers to say donors are not acting under undue influence
Courts play the role of general oversight in the exercise of power.
Russian
Under Russian law, especially art. 185 of the Russian Civil Code, the power of attorney may be executed at hand or in the form of a notary. The power of lawyers to act should be unlawfully executed. Notary execution is required for any power that is made to terminate a contract subject to a special public record, which is related to an interest in an immovable property.
A power of attorney, based on art. 186 of the Russian Civil Code, should also be dated. Any POA without a clear execution date does not apply.
- Predstavitelstvo , Doverennost (in Russian)
Power of attorney can not be canceled. The Provider may terminate the POA at any time at its sole discretion. Any waiver of this right shall be void, as governed by the Civil Code.
Scotland
The Public Guardian Office in Scotland offers the eAttorney Electronic Power of Attorney (EPOAR) system for filing and paying attorney registration fees.
See also
- que Cestui
- Delegata potestas is not the strongest delegate
- Land planning
References
Source of the article : Wikipedia
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