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Questions regarding the Power of Attorney by Meghan Jones





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Questions regarding the Power of Attorney by
Article Posted: 04/03/2013
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Questions regarding the Power of Attorney


 
Law
What does a power of attorney mean?
A power of attorney or a letter of attorney is a legal document that gives a person the right to represent another person in matters of business and other legal matters or private matters. The person who gives this power to another person is referred to as the grantor, donor or principal. The person who is given the power is referred to as the agent, donee or attorney. Many people may have questions regarding the power of attorney and how it is granted. Given below are some of the commonly asked questions about the power of attorney:

Will a person with a power of attorney in the family get paid for the duty?
In most situations, a person with a power of attorney may not be compensated in any way to fulfill his/her duties. Unless the person spends a reasonable amount of money out of his/her own pocket towards the duties of the power of attorney, he/she may not be paid.

A person is a power of attorney for a family member in the state of Georgia. Will this person be given a fee for performing his/her duties as per the legal document?
The law in the state of Georgia does not specify any amount that should be paid to a person who performs his/her duties as per the power of attorney. The amount will be what is agreed by all the parties involved and will be valid only if there is a written contract regarding the same. In most situations, a fee would come into picture only if the person spends his/her own money to perform any duties or pay any bills for the family member.

If someone is taking advantage of an individual with dementia, what action can the person with the power of attorney of the mentally ill individual take?
In most cases, the person with the power of attorney may file a criminal case against the person who takes advantage of the grantor. He/she may also notify the bank of the situation so that they can stop any monitory transactions from the mentally ill person’s account. The power of attorney can also hire a lawyer and request the court to grant guardianship over the mentally ill person if he/she does not already have guardianship over him/her. The individual may also file a restraining order against the charged person if the mentally ill person cannot take decisions on his/her own.

Is it possible for a person to free himself/herself from the duties of being a co-agent of health care for another person if there are other people who can perform this duty?
One may not have to take any legal action to free himself/herself from the duties of being a co-agent of health care for another person. He/she may just inform the other people involved of his/her decision to step down from the duty.

What is the procedure to extend the right of being a power of attorney if the person granting the power is severely injured?
If the person who grants the power of attorney is unable to sign the legal documents, it may not be possible to grant the power of attorney. However, the people involved may inform the court that the person is injured and cannot take decisions on his/her. In such situations, the court can grant conservatorship or adult guardianship.

It can be difficult to deal with your own business. Granting the power to someone else to look after it can be very confusing and difficult. Sometimes, this can lead to many legal complications as well. You may ask a lawyer if you have any questions about the power of attorney or its process.

Related Articles - power of attorney, durable power of attorney, lasting power of attorney, enduring power of attorney, what is power of attorney, how to get power of a,

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