Add caption in the Durable Power of Attorney in a few clicks

Aug 6th, 2022
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How to add caption in the Durable Power of Attorney

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hi Im Bob Pitman and welcome to this edition of legal line we try in each edition to demystify the law translate the legalese and hopefully point you in the right direction with regard to your legal questions we had a question come in this week that asks about powers of attorney Jane is the power of attorney or acting under power of attorney for her mom sue and she wants to know how to sign documents when shes acting under the power of attorney so Im going to pretend to be John Bell for a moment and Im going to be acting under a written power of attorney for Jane Doe and Ive got to sign something because Jane is out of commission maybe shes incapacitated maybe were down at the hospital and Im signing all those forums or whatever I might be signing under the authority of agrippa power of attorney so I sign my own name and just sign Bob Dylan or John Doe and I could be liable for the transaction so heres how we do it when John Doe is signing for Jane town under a durable general

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You could sign a document in either of the following ways: Sam Smith, by Jill Jones under POA Jill Jones, attorney-in-fact for Sam Smith
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the durable power of attorney continues to be effective despite your subsequent disability.
The proper way to sign as an agent is to first sign the principals full legal name, then write the word by, and then sign your name. You may also want to show that you are signing as an agent by writing after the signature: Agent, Attorney in Fact, Power of Attorney, or POA.
For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even moreor add powers, Berkley says.
A standard POA automatically becomes invalid if the person who made it (the principal) becomes mentally incapacitated. On the other hand, a Durable Power of Attorney remains in effect even if the principal becomes mentally incapacitated.
A durable power of attorney is one that either takes effect upon or lasts after the principals incapacitation. This is different from a general power of attorney, which would terminate at this point.
A power of attorney is a legal document that allows someone else to act on your behalf. A power of attorney can be helpful to older people and others who want to choose a trusted person to act on their behalf when they cannot.
What three decisions cannot be made by a legal power of attorney? A power of attorney cannot change or invalidate a will, act outside of the principals best interest, or violate the terms of nominating documents, and cannot make decisions on behalf of the principal after their death.

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