Difference between revisions of "Preparing a Power of Attorney"
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It’s important to appreciate mental capability in the following two contexts: | It’s important to appreciate mental capability in the following two contexts: | ||
# '''You must be mentally capable at the time you sign the power of attorney'''. You have to understand that you’re giving your attorney the power to deal with your financial and legal affairs. There is a specific six-part capacity test (see | # '''You must be mentally capable at the time you sign the power of attorney'''. You have to understand that you’re giving your attorney the power to deal with your financial and legal affairs. There is a specific six-part capacity test (see the section on [[Enduring Power of Attorney]]), and special rules for signing an enduring power of attorney. | ||
# '''Mental capability also matters at the moment the power of attorney is used'''. For example, a general power of attorney can no longer be used when the person who prepared it can’t manage their own legal and financial affairs. But an enduring power of attorney can continue to be used even after someone is mentally incapable. | # '''Mental capability also matters at the moment the power of attorney is used'''. For example, a general power of attorney can no longer be used when the person who prepared it can’t manage their own legal and financial affairs. But an enduring power of attorney can continue to be used even after someone is mentally incapable. | ||