Standard Legal does not offer a “successor Attorney-in-Fact” in its Power of Attorney legal documents because experience has shown that such a structure can often create confusion or lead to delays at an inopportune time.
Power of Attorney Questions
Answers to Frequently Asked Power of Attorney Questions
Does Standard Legal Offer a Springing Power of Attorney Document?
Standard Legal does not offer a “springing” Power of Attorney document. We made this decision with clear intent, because we believe there are too many variables that go into the making of an effective springing Power of Attorney. Additionally, there are many different decisions that must be made by the user to keep it a viable option for the majority of users.
Should a Durable Power of Attorney be in Effect Only at Incapacitation?
Standard Legal’s Durable Power of Attorney document is effective regardless of the current physical or mental condition of the Principal. Here’s why.
Can Power of Attorney Be Activated After Incapacitation?
A typical Power of Attorney document grants legal control to the named Attorney-in-Fact immediately upon signature, be it for specific actions or for general personal or business functions should a person become incapacitated.
But can a Power of Attorney document be drafted to only take effect AFTER the maker is unable to make personal decisions?
Can a Corporation or LLC Designate a Non-Member to Act on its Behalf?
A corporation or limited liability company can authorize any person to act on its behalf through the proper process.
Does the Person Assigned with Power of Attorney Sign the Document?
Only the state of Pennsylvania currently requires a Power of Attorney form in which the Attorney-in-Fact must sign the document.
How Long is a Power of Attorney Document Valid After the Death of the Maker?
A Power of Attorney document is effective only while the person who created the document is alive. When the maker (called the Principal) dies, the document is no longer valid and grants no authority.
Can a Spouse with Power of Attorney Quitclaim a Marital Home to His Name Alone Without Asking?
The answer to that question lies in the language of the Power of Attorney document that was signed.
If I Am My Mother’s Attorney-in-Fact, Must I Share Financial Information About Her Accounts with my Siblings?
The Attorney-in-Fact named in a Power of Attorney document has an obligation to manage the business affairs of the Grantor in his or her best interest.
Typically, that means keeping personal, financial and account information confidential.
Can an Attorney in Fact Create and Sign a Last Will and Testament on Behalf of the Grantor of a Power of Attorney?
No. Only the Maker of a Last Will and Testament can sign the Will document. No person can be authorized via Power of Attorney to create and sign a Will on behalf of the Grantor of the POA.