Power of attorney is when an individual becomes responsible for another person's financial and / or ...

1. What Is Power of Attorney? by Melissa Gordon
Power of attorney is when an individual becomes responsible for another person's financial and / or
personal affairs. Essentially, when someone has power of attorney for another person, they are
responsible for making any life decisions for the person who has appointed them in the power of
attorney position. The person making the appointment is usually referred to as the 'principal' or
'granter', while austin dwi attorneys the person who undertakes the responsibility is referred to as
an 'attorney-in-fact'.
The usage of 'attorney-in-fact' is used so as to differentiate between someone acting with power of
attorney and a legally qualified attorney; the latter will be referred to as an attorney at law. To be an
attorney-in-fact, one requires no legal qualifications whatsoever and the process of transferring
attorney to said person is a civil rather than legal decision.
Undertaking power of attorney is not an easy decision to make, as it essentially makes one
responsible for the decisions and choices of another. Power of attorney is usually transferred when
the principal is unable, or is becoming unable, to make important decisions for themselves; usually
due to dui attorney in Irvine mental illness, though those suffering from Huntington Beach dui
attorney terminal illness often transfer control of their affairs. However, while such instances make
up the vast majority of cases of power of attorney, any person for any reason can be granted or give
power of attorney.
Granting power of attorney is not a difficult process. Oral power of attorney is recognized by courts,
even if it is not officially witnessed, and is given the same powers as a written power of attorney
would be. However, for an organization such as a bank or hospital to recognize a power of attorney
and refer all decisions to the attorney-in-fact, the decision will usually need to be made in writing
and be correctly witnessed. This will require signatures from both the principal and the attorney-i-
-fact, agreeing to the transfer of power to the attorney-at-law.
However, if a mental health patient is well but knows they will deteriorate to the point where they
cannot make decisions for themselves any longer, there is a solution beyond springing power of
attorney. The principal can prepare a Psychiatric Advance Directive, whereby the power of attorney
is transferred at a certain point when their mental health deteriorates. In the mean time, the
principal retains control of their financial affairs.
In some cases, this is not always possible; for example, if an individual suffers a serious accident,
they may not be able to make decisions for themselves but may also not be fit to sign or voice a
transfer of power. This is known as 'springing power of attorney', and proof of the incapacity of the
principal must be obtained before it is recognized By law, no one can obtain springing power of
attorney before any incident or accident; it must be done when the principal is incapacitated, and
never before.
Disclaimer: This article is for informational and entertainment purposes only, and should not be
construed as legal advice on any subject matter.
What exactly the attorney-in-fact is responsible is dependent on the type of attorney granted, though
the most common is for power of attorney over financial affairs to be granted. The attorney-in-fact

2. becomes a fiduciary of the principal; a fiduciary meaning a legal relationship that is based on trust.
On this basis, the attorney-in-fact is required to be truthful with the principal at all times in how
their affairs are being handled.