Wednesday, March 10, 2010

How to properly use a power of attorney

A power of attorney is a legal document that a person acting on behalf of another, the legal and business transactions of the person authorizing the other authorizes. This type of document has a lot of importance when, for example, needs someone to run a business or legal matter, but not in a position to do so for whatever reason. In the absence of the person, another person may be admitted to the affair by the use of a power of attorney to execute in the common lawSystems or authorized in civil law systems, another person, in the name of the person to act to ensure that the approval of the other side. The person who is approved as a "principal" and the person is entitled, known as the "agent". The agent can not, on behalf of the client, such lawful acts as the signature of the biggest names on documents.

An agent is a fiduciary for the principal and, since this is an important relationship between client and contractor, the law requires that the agent be a personimpeccable integrity who is honest and always act in the best interest of the client. In the case of a contract between the agent and the customer a fee or other form of monetary payment be made to the agent, then the contract can be separated and submitted in written form. However, the attorney may also verbally, even though many an institution, banks, hospitals and the Internal Revenue Service of the USA requires a written power of attorneysubmitted by the agent before it feels honored.

The "Equal Dignity Rule" is the principle of law that the same requirements of the provider, as it is, and the entrepreneur. Let us assume that the representative power of attorney which he or she is entitled to sell the house, the main characters act and that such sales deed should be legally authenticated. The authorization shall not relieve the agent from the necessity of the sale notarized deed. His or her signature to theSales deed must be notarized and authenticated.

There are two types of powers. One is the "special power" and other "limited power of attorney." The attorney may be specific to a particular instance or it may include a general and independent court which indicates its scope will be. The document will be void if the landlord (principal dies). In the case of the principal will be unfit for work due to some physical or mental disability, hisPower of Attorney will be revoked under the common law. There is an exception. Among the most important was in the document specifically stated that the agent can act on his behalf, even if the key remains incapacitated, then the authority would continue to enjoy legal sanction.

In some of the states in the U.S., there is a "springing power of attorney", which only in the event the grantor (Principal Kicks) seriously ill or acting sometime in the future or circumstance occurs. Where no agreement has been made irrevocable, may terminate the agreement by the contracting authority by the agent that he will revoke the authorization will be revoked.

The use of standardized power of attorney forms helps in the development of a legally sound and mutually beneficial relationship of principal and agent. With the user-friendliness and easy availability of such forms, it is strongly recommended that you also used when thinking of granting a power of its> Attorney to someone. However, care should be taken, do not allow unscrupulous people to deceive innocent people such as elderly people by ill-conceived arrangements.

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