Power of Attorney

An agent is under the control (is obligated to) the principal, and (when acting within the scope of authority delegated by the principal) binds the principal with his or her acts. Additional powers are assigned to agent under the legal concept of 'apparent authority'.

First, the Agent does not have to be an actual lawyer. The Agent must be a capable adult. The Agent cannot be an undischarged bankrupt. The Agent should not be the owner, operator or employee of a nursing home or extended care facility in which the principal is a resident.

Your Agent must be someone whom you trust completely. In addition, remember that your Agent will have complete authority to deal with your financial and legal affairs (subject to any limitations or restrictions specified in your Power of Attorney). You should ensure that the person you choose has adequate financial management skills and sufficient time to handle your affairs properly. Your Agent must be available when required, be able to objectively make decisions and be able to keep accurate financial records.

Your Duties As Agent. You have just been appointed as an agent, or “attorney-in-fact,” under a durable power of attorney. The purpose of this sheet is to explain your duties, responsibilities, and powers under that document.

It is a good idea to appoint an alternate/substitute Agent but it is not absolutely necessary. An alternate/substitute Agent can only act when the primary Agent is unable or unwilling to continue acting for the principal.