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Archive for June, 2009

Common Questions About Power of Attorney for California

Tuesday, June 30th, 2009

Since every state is different, this article is just going to focus on common questions about filing a Power of Attorney in California. You can file your own Power of Attorney but be careful with the wording since this document does give some one the legal authority to act on your behalf, but only within the limitations as stated in the document.

Since every state is a little different, this article is just going to focus on common questions about filing a Power of Attorney in California. You can file your own Power of Attorney but be careful with the wording since this document does give some one the legal authority to act on your behalf, but only within the limitations as stated in the document.What is a Power of Attorney?A power of attorney is a legal document that allows you to appoint some one as your 'agent' to act on your behalf in matters you specify within the document. This document can be used to authorize an individual to do things like Child Support Collection or Homeowner & Renter Assistance, which would be things like collecting rent money from your tenants or selling a house for you. Although a power of attorney is often used for these reasons, this is not all you can do with this document.How Long Will my Power of Attorney be Valid?Unless you specify otherwise, your power of attorney will remain in effect until the specified matters are fully resolved or you revoke the declaration with a Revocation of Power of Attorney form. To completely revoke the power of attorney though you will need to attach the original power of attorney with "REVOKE" written in large letters at the center top. You will also need to sign and date the bottom of the form, attach this to your Revocation of Power of Attorney and send it to your "agent". Don't forget to sign and date the bottom of the revocation of power of attorney too.Do I need an attorney?No, an attorney is not required in order for a Power of Attorney to be legal and valid. The process is not difficult and does not require an attorney but it does usually require the signature of a notary and two witnesses Free Articles, depending on which state you're in. Some states only require the signatures of two witnesses for a power of attorney to be properly signed (executed). (more...)

Tags: legal forms, free power of attorney forms, legal, power of attorney forms

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What is a Medical Power of Attorney?

Tuesday, June 30th, 2009

A medical power of attorney (Health Care Power of Attorney) is made to give you the power to appoint some one to carry out your medical wishes in the event you can't communicate those decisions yourself, or lack the mental capacity to do so. In short, a medical power of attorney is a plan made in anticipation of a medical emergency.

A medical power of attorney is made to give you the power to appoint some one to carry out your medical wishes in the event you can't communicate those decisions yourself, or lack the mental capacity to do so. In short, a medical power of attorney is a plan made in anticipation of a medical emergency. The person you appoint to carry out your wishes will have the legally authority to do so If you appoint them as your 'agent' in your legal medical power of attorney form. Obviously whoever you appoint as your 'agent' should be some one you trust to actually enforce your wishes in the event of a serious accident.Whomever you choose as your 'agent', realize that individual will be in charge of making your medical decisions when you're incapacitated. An agent officially has the legal authority to make your medical decisions if you appointed them as your agent in your medical power of attorney if your physician certifies in writing that you're incompetent.Legally, a medical power of attorney is not effective unless the principal (person who the will is made for) signs a disclosure statement that they understand and have completely read. Usually your state's medical power of attorney will require there to be a witness sign along with you to verify you did read and understand it. A qualified witness is some one who is competent, an adult, and is not related to the principal. Also the witness cannot be a partner of business or a witness related to your physician.You can revoke your medical power of attorney at any time by notifying the agent and principal's health care provider of his or her intent to revoke the document. This is usually done officially with a 'revocation of power of attorney form'. Also, if you appointed your spouse and you two get divorced her legal authority as your 'agent' is automatically revoked.

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Tags: power of attorney form, legal forms, power of attorney forms, power of attorney

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Enduring Power of Attorney Being Phased Out Last Month to Act

Monday, June 29th, 2009

In the UK the new mental capacity act is due to come into force on the first Monday in April 2007.

The Act governs decision-making on behalf of adults who lack mental capacity, both where they lose capacity at some point in their lives, and where the incapacitating condition has been present since birth.

This act covers all decisions, including personal welfare and financial matters, and covers decision-making on their behalf by attorneys, or court-appointed "deputies". It also clarifies the position if formal process has not been adopted.

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Tags: legal, forms, legal forms, free power of attorney forms

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