A Power of Attorney is a legal document which allows one person to act on behalf of attorney person. One person has the “power” to act on behalf of the other person.
The Principal is the person who gives the power to act, on behalf of himself or herself.
The agent is the person who gets the power to act on behalf of the agent.
A Power of Attorney is often given from a parent, as principal, to a child, as agent. Often a parent is ill and unable for fully care from himself or herself and needs assistance from a child in care.
A power of attorney can be “durable.” With a durable power of attorney, an agent is still authorized to act on behalf of a principal even if a principal becomes incapacitated, unable to make decisions. If a power of attorney is not durable, a power of attorney ends when a principal becomes incapacitated. Under recent law changes, a Power of Attorney is durable, except if the Power of Attorney document specifically states that the Power is not durable.
Anyone considering a Power of Attorney must be certain that the person who will act as agent is trustworthy. There have been too many instances of an agent not acting in the best interests of the principal.
There are two standard forms which are available for use. An explanation of the law can be found at
If you have an questions or would like assistance, please feel free to contact
Attorney Robert M. Singer
2572 Whitney Avenue