What kinds of power of attorneys are there?
The most common type of power of attorney allows someone to take care of financial matters for you. There is another kind of power of attorney called a health care power of attorney. A power of attorney can give the attorney-in-fact broad powers or more limited power, depending on what is needed. Who should not use a power of attorney? Only competent individuals may sign a power of attorney. Also, if there are any family members who have the potential to fight, second guess, or sue for the actions and decisions made by the attorney-in-fact, a power of attorney should not be used. Never appoint someone as your attorney-in-fact that you do not completely trust. What is incapacity? Incapacity is just the legal term used by attorneys and the courts for competency. Whether or not someone is incapacitated has to be decided on a case by case basis since it depends on the person. To decide if someone is incapacitated, you need to look at all the actions that make up daily living. Can the perso
