Powers of Attorney

Legal Fees:

Some basics:

• A Power of Attorney is a legal document which (the Donor) grants to another person (the Attorney) powers to act on their (the donor's) behalf.
• Powers of Attorney may be general, covering all manners of rights and property, or specific, referring only to a specific action such as the sale of a particular piece of property. 
  
• Powers of Attorney may be either immediate or springing.   A Springing Power of Attorney only takes effect upon the occurance of a particular specified event.  A standard Power of Attorney has immediate effect, although the Attorney may have instructions to not act unless it is necessary.
• Powers of Attorney may be specified to be "Enduring".  This means that the Power of Attorney may be exercised and the authority of the Attorney given hereunder shall continue notwithstanding any subsequent mental infirmity on your part.
• A General, Enduring Power of Attorney is the type of Power of Attorney typically desired by an individual planning for the possibility of their future loss of capacity or ability to act on their own.
• Powers of Attorney are very different from Wills.  Wills only have force and effect after a person's death.  A Power of Attorney only has legal effect during a person's lifetime.
• While a person may grant Power of Attorney to the same person as their executor, the authority granted under a Last Will and Testament should not be confused with a Power of Attorney.  These are separate and distinct documents.
• A Power of Attorney is not a "Living Will".   A Living Will deals with health care issues and provides for instructions in that regard, and / or the appointment of a Proxy to make such future directions regarding your health care.

Getting Started:

1. Provide us with your full legal name, address and occupation.
2. Provide us with the full legal name and address of the person you are appointing as Attorney. 
   
3. Always confirm with that person that they would be willing to act as your Attorney. 
   
4. You may name more than one Attorney, acting either jointly (together), severally (apart), or in succession.
5. The person you have appointed as Attorney does not sign the Power of Attorney.  In fact, we do not want them present at the signing appointment as this may create suspicion of undue influence over you.