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FAQs - Deciding When Your Attorney Can Act for You

Q

We are moving to another city, but our house here has not sold. Can we give our son the authority to act for us in the sale of the house?

A

You could create a specific power of attorney. This would give your son the authority to act for you but only for the purpose you have specified. This kind of power of attorney ends once the specified purpose is completed.

Q

I travel a lot now that I am retired, and I want my daughter to be able to handle things for me while I am away. Right now, this is the only kind of help I want. I am not sure who I would want to handle things if I could no longer make decisions for myself.

A

You could create a non-enduring power of attorney. This kind of power attorney ends when you no longer have the capacity to make your own decisions. Your daughter could handle your affairs as long as you had the capacity to act for yourself. Legal capacity has nothing to do with whether you are physically capable of doing things for yourself. It means whether you can understand the information you need to make decisions and to be able to appreciate the consequences of the decision.

Q

Lately I have been finding it difficult to deal with my affairs. I am also concerned that there may come a time when I might not be capable of making my own decisions. I want some help now but still want to be able to handle my affairs when and as I feel able. However, I also want to plan for a time when I may no longer be able to take care of things myself.

A

You could create an enduring power of attorney. Under any power of attorney, you can still act for yourself as long as you have the capacity to do so. An enduring power of attorney continues if you later lose capacity. A non-enduring power of attorney does not.

Q

Right now, I do not need any help with my affairs. However, lately I have been thinking about who would look after things for me if I was no longer capable of deciding things for myself.

A

You could create a contingent enduring power of attorney that only comes into effect if you lose capacity. Determining whether you have lost capacity can be done by one or more individuals chosen by you and named in your contingent enduring power of attorney. Those with the authority to make this decision cannot be the attorney or a member of the attorney’s family. If no one is named by you, or whoever you named cannot make the decision, the opinions of two professionals, such as a doctor, registered nurse or social worker, are required.

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