Probate Lawyer in Wake Forest: What is Power of Attorney?
A "Power of Attorney" is a written document often used when someone wants another adult to manage their financial or property matters. A Power of Attorney is a legal document but is NOT considered a court document.
There are several different types of powers of attorney as we've discussed in previous posts. For more information on a power of attorney, be sure to contact your probate lawyer in Wake Forest, Eldreth Law Firm, PLLC. They may be able to provide a probate attorney should you decide that you or one of your family members could use one.
Are the courts involved with Power of Attorney details? | Probate Lawyer in Wake Forest
The courts generally are not involved with Powers of Attorney, however, if someone becomes incapacitated or unable to make their own decisions (e.g., in a coma, mentally incompetent, etc.) and requires another adult to make decisions for them, the court may step in. The court could also decide to order a legal Conservatorship or Guardianship for those who are incapacitated.
Who is the "principal?" What is an "attorney-in-fact?" | Probate Lawyer in Wake Forest
The "principal" is the person who creates a Power of Attorney document and gives authority to another adult who is called an "attorney-in-fact."
The attorney-in-fact does NOT have to be a probate attorney but must be a competent adult, defined as someone who is 18 years or older. The principal has the right to revoke or cancel the Power of Attorney at any time and may put a specific time limit in the document saying how long it is valid.
Talk with a probate lawyer in Wake Forest if you are not sure how to prepare a Power of Attorney for your situation or if you need legal advice.
For more information, be sure to contact our attorney in Wake Forest NC to ask any questions you may have or to set up an appointment to with us on your estate plan.
