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Home » Incapacity Planning » Who Can Act as an Attorney-in-Fact?

Who Can Act as an Attorney-in-Fact?

January 4, 2016Incapacity Planning

Who Can Act as an Agent Under a Power of Attorney?The legal device called a power of attorney is a document that you can use to give someone else the power to act on your behalf. This individual who would be empowered to act for you is called the attorney-in-fact or agent.

Since the term attorney-in-fact is used, you may assume that the representative must be a practicing lawyer. In fact, this is not the case at all. Any adult who is mentally competent can act as an agent under a power of attorney. However, we should point out the fact that the individual in question must be willing to assume the role. You can’t force someone to act as an attorney-in-fact.

Incapacity Planning

We focus on matters that are of interest to senior citizens. In our area of the law, a particular type of power of attorney is utilized for incapacity planning purposes.

A durable power of attorney would remain in effect if the grantor of the device becomes incapacitated. You could use a durable power of attorney for health care to name someone to make medical decisions on your behalf if it ever becomes necessary.  A durable financial power of attorney could be added to name someone to handle your financial affairs in the event of your incapacitation.

Many people become unable to communicate their own decisions toward the end of their lives, so incapacity planning is very important.

Incapacity Planning Report

A well constructed estate plan will include a comprehensive incapacity planning component. If you would like to gain a full understanding of the process, we have a valuable resource that you can tap into right here on our website.

Our firm has prepared numerous different in-depth special reports that shed a lot of light on many different estate planning and elder law topics. One of these reports is dedicated to end-of-life planning.

We are offering these reports on a complimentary basis at the present time, so you can get your copy of the incapacity planning report without reaching into your wallet. To obtain access to your copy of the special report, click this link and follow the simple instructions: Free Incapacity Planning Report.

If you would like to look into other important estate planning and elder law matters, you can visit this page to see our complete list of special reports: Estate Planning & Elder Law Reports.

To Schedule a Free Consultation

If you are interested in the possibility of working with our firm after learning these facts, please select our “Workshops” tab to RSVP for a free estate planning workshop. At that workshop you will be offered a free one-hour consultation with an attorney:  www.collinslawgroup.com/seminars/

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Caprice Collins
Caprice Collins
Attorney Caprice L. Collins is a top rated Harvard Law School graduate. She has 34 years of legal experience with a successful law practice devoted exclusively to Estate/Business Planning and Trust Administration. Attorney Collins is a well-respected keynote speaker on Wills, Living Trusts, Estate Planning, Business Planning and Trust Administration. She has appeared on California’s Real Estate Radio Station KTLK AM 1150 as a legal expert on Estate Planning and Living Trusts among many other notable media appearances.
Caprice Collins
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“My mother told me about the Collins Law Group and I must say, the entire experience has been a real pleasure. Although I was nervous at first, the Collins Law Group staff put me at ease with their friendliness and knowledge. I didn’t realize how hard it could be on your family and loved ones left behind if you die without any planning or directions in place for them. My biggest concern was making sure my elderly mother would be provided for and taken care of if something happened to me. I have been a caregiver for her for 12 years, so this planning was crucially important. I had previously made a living trust for myself on Legal Zoom but there is no comparison to the level of service and professionalism that Collins Law Group embodies. Attorney Collins and her staff provides excellent service and it will take a large burden off of my family when they need guidance at the time of my passing.”

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