POWER OF ATTORNEY

Definition: 1. An instrument granting someone authority to act as agent or attorney in-fact for the grantor. Also termed letter of attorney. 2. The authority so granted.

● These are drawn up by an attorney and must be enacted and signed by an individual who is of sound mind. If someone is not mentally competent, they cannot enact a power of attorney.  A guardianship or conservatorship case can be filed.

Durable Power of Attorney: A power of attorney that remains in effect during the grantor’s incompetence. Such instruments commonly allow an agent to make healthcare decisions for a patient who has become incompetent.

General Power of Attorney: A power of attorney that authorizes an agent to transact business for the principal.

Special Power of Attorney: A power of attorney that limits the agent’s authority to only a specified matter.