Easy Questions  
Free Legal Documents

What is a Power of Attorney in Alkol, WV

What is a Power of Attorney in Alkol, WV


Remember to celebrate milestones as you prepare for the road ahead.
 
- Nelson Mandela


Power of Attorney


A power of attorney (POA), also known as letter of attorney is a written authorization to act or represent on behalf of another in business, legal matters or private affairs, at times against the wishes of another person. The person who gives the authority to for the other person to act on his behalf is the donor, grantor or principal. The one who has received the authority is the agent or the attorney-in-fact. Previously, a power refers to an instrument under seal and letter refers to an instrument under hand. Presently, both of these are signed by the grantor and have no more variation.


The term attorney-in-fact refers to the agent authorized by the principal to act on his behalf. The law requires the attorney-in-fact or the agent to be loyal and honest to the principal. It should not be confused with the term attorney-at-law or someone who are licensed to practice law in his jurisdiction.

Capacity of a Grantor

A principal or grantor can make a power of attorney only if he or she has the essential mental capacity. If the grantor happens to lose his or her capacity to grant permission due to injury, sickness, or mental capacity, the power of attorney is not valid. A durable power of attorney, on the other hand, refers to the situation where the grantor states in the power of attorney that it will still be in effect even if the grantor is incapacitated. If no power of attorney has been created by the grantor, another party can act on their behalf by asking the court to impose a conservatorship or guardianship.


Oral and Written Power of Attorney

Power of Attorney may be oral or written depending on the jurisdiction. If witness will hold up in court, then the power of attorney is the same as written. The law usually requires power of attorney be in writing depending on its purpose. The International Revenue Service, hospitals, banks, even nursing homes requires power of attorneys to be in written form before they will honor it.

Execution

Power of attorney is considered a legal document if it is signed and dated at a minimum by the grantor. However, if the document is challenged by a third party, this would not be sufficiently legal. A document that is reviewed and signed or stamped by a notary public can withstand such challenge. In some states, a power of attorney is considered valid if signed by the principal, agent and two other witnesses or a notary public.


Types of Power of Attorney

  • Durable power of attorney. The power of attorney is still effective even if the principal later becomes incapacitated. This is also known as power of attorney with durable provisions or enduring power of attorney.
  • Health care power of attorney. This document provides the attorney-in-fact the power to make health-care decisions for the grantor that may include terminating care or life support. This is also known as "health care proxy".
  • Springing power of attorney. This is document that can only take effect if the grantor is incapacitated. After the incapacitation, the power is identical to durable power of attorney. This is the power that can allow a spouse to manage the affairs of grantor in cases like injury or illness and the grantor can no longer act.

  •  
    Personalize & Print a Free WV Power of Attorney Download this Document
    Page 1
    Page 2
    Page 3
    Page 4
    Page 5
     
    Personalize & Print a Free WV Living Will Download this Document
    Page 1
    Page 2
    Page 3
    Page 4
    Page 5
    Page 6
    Page 7
    Page 8
    Related Articles:
     What is a Last Will and Testament?
     Definition of a Living Trust
     Definition of Last Will and Testament
     Overview of Estate Planning
     Overview of Living Wills and Powers of Attorney for Health Care
     Do I Need a Living Trust?
     FAQs on Living Trust
     A Primer on Estate & Inheritance Taxes
     Benefits of a Living Trust
     Communicating Your Estate Planning Wishes to Your Heirs
     Composing Your Last Will and Testament
     Coverage of Living Will and Power of Attorney for Health Care
     Deciding Whether a Pre-Nuptial Agreement is Right for You
     Different Types of Health Care Directives
     Do I Need a Lawyer for a Prenuptial Agreement?
     Do I Need a Lawyer to Buy or Sell a Home?
     Do I Need a Lawyer to Create a Power of Attorney?
     Do I Need a Lawyer to File for Bankruptcy?
     Do I Need a Lawyer to Make a Will?
     Do I Need a Probate Lawyer?
     Do-Not-Resuscitate Orders
     Elements of a Last Will and Testament
     Essential Legal Documents for Estate Planning
     Estate Taxes, Gift Taxes and Inheritance Taxes
     Final Requirements of Your Health Care Directives
     Five Essential Estate Planning Documents
     Honoring Your Health Care Documents
     How to Choose a Health Care Agent
     How to Prevent Family Feuds over Inherited Properties
     How to Secure Your Assets and Avoid Probate
     Limitations of a Will
     Living Wills for End-of-Life Medical Decisions
     Longevity and modern family relationships make estate planning harder than ever
     POLST form and Health Care Treatment
     Registering your Living Will or Advance Health Directives
     Rules of Eligibility on Medicaid
     Twelve Things to Know About Revocable Living Trusts
     What are Charitable Gifts and Trusts?
     Why I Need a Living Will
     You Owe it to Your Loved Ones to do Estate and Inheritance Planning
    Related Legal Services near Alkol, WV
    Hussell John F
    900 Lee St E # 600
    Charleston, WV 25301
    (304) 357-9966
    Attorneys, Legal Service Plans
    Pack Ashley L
    900 Lee St E
    Charleston, WV 25301
    (304) 357-9937
    Attorneys
    Burcham & Gaither
    221 W John St
    Martinsburg, WV 25401
    (304) 267-9936
    Family Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Divorce Attorneys
    Gaither Cynthia A
    221 W John St
    Martinsburg, WV 25401
    (304) 267-9936
    Attorneys
    Froble Michael E
    200 George St # 3
    Beckley, WV 25801
    (304) 252-9935
    General Practice Attorneys, Attorneys
    White James E Law
    900 Lee St E
    Charleston, WV 25301
    (304) 357-9934
    Attorneys
    Kelly Donna C Atty
    900 Lee St E
    Charleston, WV 25301
    (304) 357-9927
    Attorneys
    Stonestreet Robert M Law
    900 Lee St E
    Charleston, WV 25301
    (304) 357-9915
    Attorneys
    Straub Hazel A
    500 Virginia St E # 1025
    Charleston, WV 25301
    (304) 346-9822
    Attorneys, Legal Service Plans
    Smith Christopher S Law
    22 Capitol St
    Charleston, WV 25301
    (304) 344-9821
    Attorneys
    Hoyer Stephen P
    22 Capitol St # 300
    Charleston, WV 25301
    (304) 344-9821
    Attorneys, Legal Service Plans
    Raptis Jr Andrew A
    179 Summers St
    Charleston, WV 25301
    (304) 343-9810
    Attorneys
    Foster William
    1018 Kanawha Blvd E # 200
    Charleston, WV 25301
    (304) 347-9800
    Attorneys, General Practice Attorneys
    Oliver Daniel A
    211 New Jersey St
    Morgantown, WV 26501
    (304) 225-9800
    Attorneys, Legal Service Plans
    Pool Delby B
    230 Court St
    Clarksburg, WV 26301
    (304) 623-9711
    Attorneys, Legal Service Plans
    Smith Ellen L
    515 Market St # 3000
    Parkersburg, WV 26101
    (304) 485-9661
    Attorneys, Legal Service Plans
    Pancake Edwin H
    608 Virginia St E # 4
    Charleston, WV 25301
    (304) 346-9629
    Attorneys
    Maroney Patrick K Atty
    608 Virginia St E
    Charleston, WV 25301
    (304) 346-9629
    Attorneys
    Maroney Williams Weaver
    608 Virginia St E # 2
    Charleston, WV 25301
    (304) 346-9629
    General Practice Attorneys, Legal Service Plans, Attorneys
    Adkins S Douglas
    636 4th Ave
    Huntington, WV 25701
    (304) 522-9593
    Attorneys
    Cyrus & Adkins
    636 4th Ave
    Huntington, WV 25701
    (304) 522-9593
    Attorneys,  Criminal Law Attorneys,  Personal Injury Law Attorneys,  Insurance Attorneys,  Malpracti
    Henry III Patrick G
    222 W John St
    Martinsburg, WV 25401
    (304) 260-9592
    Attorneys, Legal Service Plans
    Anspach Law
    517 9th Ave
    Huntington, WV 25701
    (304) 522-9528
    Attorneys
    Schools-- Wood County Area-- Edison Jr High School
    1201 Hillcrest St
    Parkersburg, WV 26101
    (304) 420-9525
    Attorneys
    12Law.com   |  NASHVILLE, TN USA   |  CONTACT US