You Have Been Appointed as an Attorney: Difference between revisions
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You Have Been Appointed as an Attorney (view source)
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{{REVIEWEDPLS | reviewer = [[Kevin Smith]]|date= | {{REVIEWEDPLS | reviewer = [[Kevin Smith]]|date= January 2018}}{{Managing Someone Else's Money TOC}} | ||
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Like many people, you may never have been an attorney under a power of attorney before. That’s why ''Managing Someone Else's Money'' was created. This guide will help you understand what you can and cannot do in your role as an attorney. | Like many people, you may never have been an attorney under a power of attorney before. That’s why ''Managing Someone Else's Money'' was created. This guide will help you understand what you can and cannot do in your role as an attorney. | ||
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This guide is for family and friends serving as an attorney, not for professionals or organizations. The guide does not give you legal advice. Talk with a legal professional if you have questions about your duties or responsibilities. | This guide is for family and friends serving as an attorney, not for professionals or organizations. The guide does not give you legal advice. Talk with a legal professional if you have questions about your duties or responsibilities. | ||
==Scope of this guide== | |||
The most common type of power of attorney is called an '''enduring power of attorney'''. In this type, the attorney’s appointment continues—or “endures”—if the person making it becomes mentally incapable. The duties and responsibilities in this guide apply to enduring powers of attorney. | |||
Powers of attorney can also be "general" or "limited". In a general power of attorney, the attorney's appointment '''ends''' if the person making it becomes mentally incapable. In a limited power of attorney, the attorney’s powers are limited to a specific task or a specific period of time. For example, to sign the papers on the sale of a home while the person making the power of attorney is out of the country on vacation. | Powers of attorney can also be "general" or "limited". In a general power of attorney, the attorney's appointment '''ends''' if the person making it becomes mentally incapable. In a limited power of attorney, the attorney’s powers are limited to a specific task or a specific period of time. For example, to sign the papers on the sale of a home while the person making the power of attorney is out of the country on vacation. | ||
Not all the duties and responsibilities in this guide apply to an attorney appointed under a general or a limited power of attorney. That said, if you are an attorney under a general power of attorney for a long time period, it is advisable to do all the things covered in this guide. | Not all the duties and responsibilities in this guide apply to an attorney appointed under a general or a limited power of attorney. That said, if you are an attorney under a general power of attorney for a long time period, it is advisable to do all the things covered in this guide. | ||
If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful: | If you want to learn about '''making''' a power of attorney, this guide is not designed for you. Talk with a lawyer or notary public. These resources are also helpful: | ||