Power of Attorney

A power of attorney is a legal document that gives power to someone you appoint, called an agent, to manage affairs on your (the principal’s) behalf. There are different types of powers of attorneys. One, called a general power of attorney, gives almost unlimited power to your agent. This is one of the most powerful documents that one can draft and this power should only be given to someone you completely trust. Another, called a special power of attorney, gives your agent only the powers necessary to perform or carry out a specific act such as selling your car for you.

Powers can also be durable or nondurable and can be springing

A durable power of attorney becomes effective immediately and lasts after the principal becomes incompetent and until the principal’s death or until the principal revokes the power. A nondurable power of attorney is less broad in that it is usually only for specific transactions or time periods such as carrying out business of the principal while the principal is out of the country. Another kind of power called a springing power of attorney. This power is not effective immediately but rather “springs� into action at the happening of some event specified by the principal such as the incapacity of the principal.

As one can see, powers of attorney are complex. Therefore, in drafting a particular power, it may be necessary to have the advice and assistance of an attorney experienced in such an area. He or she can make sure that the document not only provides the necessary powers to carry out the wishes of the principal, but also that it is well drafted to last as long as the principal needs. Furthermore, an attorney can assure that the document is drafted so as to last through incompetency or incapacity so that a principal is protected in the event of an inability to act on his own behalf.

If you would like to talk with an experienced and caring Raleigh power of attorney, please contact us.