A general power of attorney is a type of power of attorney contract that grants the attorney-in-fact the legal authority to act in the name of the grantor without limitations until it is revoked by the grantor. http://www.expertlaw.com/library/estate_planning/power_of_attorney.html Under general power of attorney, the attorney-in-fact may act on behalf of the grantor in any legal, business, or financial matters in which the grantor may be involved. https://www.legaldocs.com/g_poa_1.aspx The attorney-in-fact can sign documents, buy or sell property, open and close financial account, etc. https://www.legaldocs.com/g_poa_1.aspx
While the general power of attorney allows for a broad scope, there are still some restrictions on what the attorney-in-fact may do in the grantor’s name. The general power of attorney cannot give powers or rights that are personal to the grantor, such as a judge’s right to rule on court cases. https://www.legaldocs.com/g_poa_1.aspx Similarly, an attorney-in-fact with general power of attorney may not prepare or sign a will or marry or divorce on behalf of the grantor. https://www.legaldocs.com/g_poa_1.aspx
Procedure
To create a general power of attorney contract, a person must first choose the trusted individual they deem appropriate for the task. http://www.consumeraffairs.com/consumerism/poa_2.htm They must then draft the form, either with the help of a licensed attorney or with a prepared form from their state. http://www.consumeraffairs.com/consumerism/poa_2.htm Depending on the local laws, the form must then be signed, witness, notarized, and in some areas, it must also be recorded. http://www.consumeraffairs.com/consumerism/poa_2.htm
An attorney-in-fact may be required to show the signed and notarized general power of attorney form when invoking the power to open or close financial accounts or buy or sell property. http://www.abanet.org/rppt/public/power-of-atty.html If a person becomes incapacitated and does not already have a general power of attorney in place, one may be appointed by a court. http://www.abanet.org/rppt/public/power-of-atty.html
Information on Power of Attorney
This video, from LawWebTV.com, explains the process of creating a power of attorney and explains the difference between a general power of attorney and a specific power of attorney. The video also shares details of why a person might want to set up a power of attorney, either at present or in the future.
Disclaimer
The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.
