What are my rights if I share attorney in fact on a durable power of attorney for my mother?
Full Question:
Answer:
A power of attorney is an instrument in writing by which one person, as
principal, appoints another as his or her agent and confers upon the agent
the authority to perform certain specified acts or kinds of acts on behalf of
the principal. The written authorization itself is the power of attorney.
A power of attorney is used to evidence an agent's authority to a third
person, and the person holding a power of attorney is known and
designated as an "attorney in fact," thus distinguishing such person from an
attorney at law.
A power of attorney may be general or limited. An attorney in fact is
essentially an alter ego of the principal and is authorized to act with respect
to any and all matters on behalf of the principal with the exception of those
acts which, by their nature, by public policy, or by contract require personal
performance (e.g., voting or testifying in court).
A durable power of attorney is a power of attorney by which a principal
designates another his attorney in fact in writing and the writing contains the
words "This power of attorney shall not be affected by subsequent disability
or incapacity of the principal or the lapse of time," or "This power of
attorney shall become effective upon the disability or incapacity of the
principal," or similar words showing the principal's intent that the authority
conferred shall be exercisable notwithstanding the principal's subsequent
disability or incapacity.
Generally, a power of attorney must be strictly construed. The instrument
will be held to grant only those powers which are specified.
When two people are appointed by the principal to act as attorney in fact, it
is important to determine if both have to act together or if either can
operate independently of the other. This should be set forth in the
instrument itself.
