What Is Power of Attorney?

A Power of Attorney is a written document that you can use to give another person the authority to act in your place. The person you name to act in your place is referred to as your agent and may only do what you have specifically authorized them to do in your document. They must also act in good faith and in your best interest. They cannot give their authority to somebody else to complete the task for them. You can also list a second person referred to as a co-agent to act in your place with your agent, either together or independently. If you want to be prepared for the possibility that the agent and co-agent you listed may be unwilling or unable to act for you, you can also name another person referred to as a successor agent to take there place if necessary. A successor agent will have the same authority that you granted to your agent, but cannot act until the agent resigns, dies, becomes incapacitated, unqualified, or have declined.

If the person who does act for you is an attorney or accountant, they may be entitled to reasonable compensation or reimbursement of expenses incurred on your behalf.

A power of attorney document becomes effective immediately after you sign it and remains in effect until the authority specifically granted in it is completed. The acts performed under a power of attorney are considered to be as legal and binding on you as if you had done them yourself. Any person who acts in good faith and accepts the power of attorney from the person you have authorized to act for you cannot be held responsible for accepting the document.

You may cancel the document at any time by giving proper notice to the person you had authorized to act for you. Until the person receives proper notice from you, any acts that the person completes for you in good faith is considered legal until they have received proper notice. The person you have authorized to act for you may also resign by giving you proper notice. Proper notice is given in writing and may be sent by first-class mail, hand delivered or faxed.

If you do not want your power of attorney to be terminated if you should become incapacitated, you can make it durable by adding to your document "This durable power of attorney is not terminated by subsequent incapacity of the principal" or similar words.

Disclaimer: This article is intended for general information purposes only and should not be construed as legal advice or legal opinions on any specific facts or circumstances.

This article was brought to you by Richie Hill on behalf of Legal Forms Bank.biz, a provider of low cost legal forms. You can download your state's power of attorney form at their Website, fill in the blanks on your PC, and then print it out. It's that simple!

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Lasting Power of Attorney

What is the point of having a Lasting power of Attorney you might ask?

Whether it is a blessing or a curse people rarely know what life holds for them. One of the things that can happen is a loss of mental capacity brought about by illness, stroke or dementia.

If this happens there is a need in most cases for another person to have legal authority to make decisions on behalf of the person who can't.

This can be achieved in two different ways. A Lasting Power of Attorney ("LPA") can give powers to one or more nominated attorneys or the Court of Protection can appoint a deputy to do the same.

The Court of Protection route has serious drawbacks and most people would say it is far from the best way of granting someone the requisite legal authority. The process is slow typically taking 4-6 months to have a deputy appointed. The fees associated with the application to appoint a deputy are quite high and if a solicitor is used that is another hefty cost. There is an annual fee in most cases as well and substantial transactions, e.g. selling a house, may require a special court hearing for approval, which again incurs substantial fees.

By making an LPA the donor (the person who makes the LPA) can choose someone he or she trusts to be the attorney. The donor can also grant or restrict specific powers within the LPA. There is also a facility to offer guidance and whilst not binding it can be useful to assist the attorney in the process of making decisions.

It is possible for anyone to make their own LPA and simply pay the costs of registration which is currently £130. People on low income may be able to register at the reduced rate of £65.

However many people chose to use a lawyer to help with the process. The forms can be a little intimidating and the scope of powers to grant can also cause confusion or uncertainty.

So the complexity coupled with the fact that any errors or unworkable powers 'granted' to attorneys can be grounds for rejection are good reasons to get the right help. In fact the delay caused by a rejected LPA could be a critical issue if the donor was in decline and might lose capacity.

Looking at some of the problems caused by loss of capacity, one that can create havoc real hardship is the freezing of bank accounts. Any bank account including a joint bank account will be frozen until some legal authority is available to unfreeze it. Just imagine what could happen if most of your money was tied up in a frozen account for 4 - 6 months. This alone can be a good enough reason to get a Lasting Power of Attorney.

Bill Ryan is a barrister in private practice. One of his key areas of work is helping clients make their Lasting Power of Attorney.

He also provides a home visit service LPA Wiltshire & Bristol and can be contacted on 01225 582582

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The Rise in Prosecutors' Power Increases the Importance of Having a Good Lawyer on Your Side

The rise in prosecutors' power has made finding an experienced and strong lawyer to represent you essential. There is a disturbing trend that has escalated in recent years. Prosecutors are gaining more power and have been able to win more cases through threats. By indicating that they will seek harsher punishments if the case goes to trial, many defendants opt for the plea bargains and say they are guilty. The innocent are being hurt as prosecutors avoid trials yet add winning cases to their records

The reality of plea bargains is that they benefit the prosecution because the defendant must admit their guilt. The defendant loses the opportunity to present the case in court while ending up with a long sentence. The fear that the prosecution will seek an even harsher sentence is enough to scare many defendants and inexperienced lawyers. Studies focusing on this shift of power in the courtroom have indicated that it is getting worse. Finding a good lawyer who can provide the proper council and fight the prosecution's threats is essential to winning a case.

The prosecution is able to avoid the courtroom, judge and juries by threatening and scaring the defense. Often, inexperienced lawyers and frightened defendants are no match for their tactics. Additionally, mandatory sentencing laws have made this process easier for prosecutors. These laws allow them to circumvent the justice system and focus on getting a tough sentence instead of proving their case. Mandatory minimum sentencing also continues to be a serious issue that is abused by the prosecution. Numerous studies have shown the disproportionate number of minorities who fall prey to this type of sentencing. A public defender simply cannot devote the proper amount of time, energy or resources to protect people from the vices of the prosecution.

One of the main indicators that the prosecutors' power has continued to grow is that the number of cases that go to trial is falling. Judges and juries are seeing fewer felony cases in court, but this is not because crime is decreasing in the country. Prosecutors are simply handling these cases before they get a chance to go to trial. The plea bargains are dramatically changing the landscape of law in this country. They always benefit the prosecution, but often hurt the defendants.

Defendants are rightfully scared by the threats of many prosecutors. If they refuse to take a plea bargain, the prosecution states they will face harsher sentencing at trial. These are not empty threats. Studies have shown that the prosecution acts upon its words, so the fear is legitimate. Many people are aware of this issue, so they prefer not to risk facing the more severe penalties.

The disturbing trends in the current law system show that having an experienced lawyer on your team is crucial. The prosecution has been able to gain a tremendous amount of power in recent years, and there does not seem to be an end to it. The only way to fight this is with a strong defense attorney on your side.

Jeffrey Feiler is a well-known Miami Criminal Defense Lawyer and Miami DUI Lawyer who has been successfully defending the rights of clients for over 20 years. Mr. Feiler and the Feiler Law Firm are compassionate to individual's needs, while simultaneously obtaining desired resolutions and judgements.

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