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Power of Attorney Explained

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General Power of Attorney

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A Power of Attorney that grants broad powers to the agent to conduct many types of transactions on behalf of the principal.

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Power of Attorney (POA)

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A legal document that gives one person the authority to act on behalf of another person in legal or financial matters.

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Principal

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The person who grants the authority to another person to make decisions on their behalf under a Power of Attorney agreement.

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Joint Agents

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Two or more agents who are appointed to act together with equal authority in a Power of Attorney.

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Special or Limited Power of Attorney

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A Power of Attorney that grants the agent authority to perform specific acts or transactions for the principal.

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Health Care Power of Attorney

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A specific type of Power of Attorney that allows the agent to make medical decisions on behalf of the principal.

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Co-Agents

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Multiple agents appointed by the principal in the Power of Attorney to work together to make decisions.

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Durable Clause

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The section of a Power of Attorney that specifies that the agent's authority continues despite the principal's incapacity.

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Competency

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The mental ability of the principal to understand the nature and implications of the Power of Attorney and to make their own decisions.

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Revocation

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The act of withdrawing the power granted under a Power of Attorney, which must be done while the principal is competent.

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Governing Law

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The state laws that determine the validity and interpretation of the Power of Attorney document.

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Acknowledgment

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A formal declaration made before a notary public by the principal, affirming their understanding and voluntariness in granting the Power of Attorney.

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Successor Agent

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An individual who is named in the Power of Attorney to take over as the agent if the original agent is unable or unwilling to serve.

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Agent or Attorney-in-Fact

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The individual who is granted the power to act on the behalf of the principal through a Power of Attorney.

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Durable Power of Attorney

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A Power of Attorney that remains in effect even if the principal becomes mentally incapacitated.

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Springing Power of Attorney

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A Power of Attorney that comes into effect upon the occurrence of a specific event, usually the incapacitation of the principal.

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Notarization

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The act of officially certifying a Power of Attorney document by a notary public to make it legally valid.

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Non-Durable Power of Attorney

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A Power of Attorney that is no longer valid once the principal becomes mentally incapacitated or unable to make decisions.

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Incapacity

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A state in which the principal is legally unable to make decisions for themselves due to a mental or physical condition.

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Granting Clause

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The portion of the Power of Attorney document that specifies the powers granted to the agent.

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