While attorney power is basically handing over control of your affairs to another person, there are numerous uses of the role that differ depending on the situation. These are primarily based on the reason behind the transfer of attorney power between the ‘principal,’ the person who wants to relinquish control of their affairs, to the ‘attorney-at-fact,’ the person who takes control of the company and legal dealings of the principal.If you wish to learn more about this, visit Oceanside Estate Planning.
Non-durable attorney power is used for short-term transactions which can not be done by the principal for any purpose. Any such non-durable attorney’s power has an expiration, mainly when for whatever reason, the principal becomes incapacitated and is no longer able to grant permission for the attorney’s power to proceed, nor can they revoke it. Usually non-durable attorney power is restricted to a fixed time period in which time is given to deal with any particular deal that is expected to be done. Power returns to the principal when this specific instance is complete.
The Non-durable POA is immediately successful.
This form of attorney power is identical to non-durable attorney power, except if the principal becomes impaired or mentally ill, it continues. When the principal dies, all attorney powers come to an end, but durable attorney control continues right up to that point. In terminally ill cases, durable attorney power is also used, where the principal requests his attorney to allow any lifesaving equipment to be removed or to permit a Do Not Resuscitate
The Durable POA is immediately successful.
Springing attorney power is used in situations where the principal is unable to actively grant permission to anyone to serve as their attorney-at-fact, either orally or in writing. A doctor must confirm that the principal is unable to think for himself and that an attorney-in-fact is necessary in order to gain springing power of attorney. In cases of unexpected loss of health, such as deterioration of a mental disorder or a serious accident, the Springing Power of Attorney is used primarily.
Colleen Marie & Associates
1470 Powell Rd., Oceanside, California 92056