A Power of Attorney goes by many names and comes in many forms. Generally, a Power of Attorney is an instrument granting someone authority to act as agent or attorney in-fact for the grantor.
These are typically drawn up by an attorney and must be enacted and signed by an individual who is of sound mind. If someone is not mentally competent, they cannot enact a power of attorney and a guardianship or conservatorship case may be helpful.
The most common types of Powers of Attorneys are:
- Durable Power of Attorney: A power of attorney that remains in effect during the grantor’s incompetence. Such instruments commonly allow an agent to make healthcare decisions for a patient who has become incompetent.
- General Power of Attorney: A power of attorney that authorizes an agent to transact business for the principal.
- Special Power of Attorney: A power of attorney that limits the agent’s authority to only a specified matter.
The Probate Court provides some Power of Attorney forms to the public. Please note this does not constitute legal advice and is not to be used as a substitute for legal advice.