Older People and the Law: Difference between revisions

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#limited power of attorney.  
#limited power of attorney.  


===Regular power of attorney ===
====Regular power of attorney ====
[[File:Elderly single man headshot.jpg | right | frame link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
[[File:Elderly single man headshot.jpg | right | frame link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]


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People can make bad decisions and not be mentally incapable. The test is whether they understand what they are doing.
People can make bad decisions and not be mentally incapable. The test is whether they understand what they are doing.


===Enduring power of attorney ===
====Enduring power of attorney ====


An ''enduring power of attorney'' continues if you become mentally incapable.  
An ''enduring power of attorney'' continues if you become mentally incapable.  
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In your enduring power of attorney you say when you want it to start. You may want it to start right away. Or you may want it to start ONLY if you become mentally incapable. (In this case, it becomes a ''springing power of attorney'', which is discussed next.)  
In your enduring power of attorney you say when you want it to start. You may want it to start right away. Or you may want it to start ONLY if you become mentally incapable. (In this case, it becomes a ''springing power of attorney'', which is discussed next.)  


===Springing power of attorney ===
====Springing power of attorney ====


A springing POA comes into effect only when a specific event happens. An event might be if you have a car accident, or become ill, or become mentally incapable.  
A springing POA comes into effect only when a specific event happens. An event might be if you have a car accident, or become ill, or become mentally incapable.  
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*how people will know without a doubt that the event has happened.  
*how people will know without a doubt that the event has happened.  


===Limited power of attorney ===
====Limited power of attorney ====
In a ''limited power of attorney'', you say exactly what action your attorney can take, and put a time limit on when the power of attorney ends.  
In a ''limited power of attorney'', you say exactly what action your attorney can take, and put a time limit on when the power of attorney ends.  


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