How to Assemble a Successful Power of Attorney Form
What is the difference between the power of attorney and a written letter of authority? Well, a power of attorney is a document that gives another person the legal authority to act on your behalf. The document is often referred to as a ‘power of attorney’ or ‘agent’ and often includes the precise words ‘to execute.’ When you appoint an agent to handle your affairs, this is typically done by signing your power of attorney in front of a notary public. If you appoint an individual rather than a lawyer, then they are called a ‘registry agent’ and have the power to act on your behalf, subject to their statutory duties.
While agents can be used in just about any situation
where one would like to appoint someone to act on his or her behalf, there are specific situations where a power of attorney is required. Generally, when one has been involved in a plane crash, accident, robbery, purse snatching, or any other event that gives rise to grave danger then it may be necessary for the individual to appoint an attorney general to handle the affairs. The power of attorney then gives the attorney general the right to act on your behalf, subject to the laws governing the appointment. If you have just been released from prison or have just been discharged from jail after being convicted of a crime, then your attorney general may use your power of attorney to allow you to manage your financial affairs.
You are probably wondering how an attorney general
can access your finances if you do not appoint them. The answer lies in how the powers of attorney are generally exercised. Generally, you appoint one person (your ‘powers of attorney’) to undertake the power of the attorney’s duties on your behalf and that person is responsible for deciding what, if any, documents you need to prepare. It is important to keep in mind that once you appoint an attorney general to take over your power of attorney, he or she cannot make any changes to the legal documents that establish your authority.
Generally, you appoint an attorney general
because you are not sure whom to rely on or who will best guide you through your legal issues. Your attorney general can make the decisions based on his or her knowledge of the law and your specific instructions. Although most attorneys general is not highly qualified lawyers, they are knowledgeable about the law and about how to deal with certain situations. However, it is also important to remember that they must act in your best interests at all times and not use their position for their own gain. In addition, an attorney general is likely to receive a payment, but this payment is not necessarily for the services that he provides (for example, the payment might be received for his services as a reporter or for publishing your legal documents).
Because the attorney general must act in your best interest
it is vitally important that you give him correct and full information about the details of your power of attorney and about the decisions you want him to make. If you give false information to your attorney general, he could potentially make a bad decision based on inaccurate information. In this instance, if your attorney general does not investigate the information you provided, he could resign or he might decide that you do not meet the criteria necessary for the power of attorney. This would be extremely unfortunate, as the power of attorney must be given carefully, especially when it comes to your finances. For example, if you want the attorney general to manage all of your financial affairs, you should only allow him to access your financial records if you agree to have all of the information he needs to make his decision known (including his decision regarding whether or not to grant you the power of attorney).
The process of how to appoint an attorney general
is not terribly complex, so long as you select a competent lawyer to represent you fill out all of the paperwork correctly. You should hire someone from a good law firm, someone with a good reputation. The power of attorney is a great tool, but the people who use it must be aware of its limitations and the circumstances in which they are granted the power of attorney.