A power of attorney is a written authorization given by one person (the donor) to another (the attorney) which empowers the attorney to do legal acts on behalf of the donor that the donor could do for him or herself. Giving a power of attorney does not take away the donor’s power to act on his or her own behalf; it just authorizes the attorney to share that power. A power of attorney may be general and contain no conditions, or it may be restricted as to the powers being shared, among other things.

In the event of incapacity of the donor, it is important to have a “continuing power of attorney” so that the attorney can continue to exercise power during the incapacity (when it may most be needed). A memorandum of intent may be attached to the power of attorney document in order to set out guidelines for the use of the power.

Drafting and executing a power of attorney can ensure the proper management of your estate in the event that you are without capacity to manage your affairs.

Please do not hesitate to contact our firm in order to explore your Power of Attorney options and allow us to assist you in drafting this important document, among other things.