Probate Attorney in Raleigh NC: What is Power of Attorney?
A “Power of Attorney” is a written document often used when someone wants another adult to handle their financial or property matters. A Power of Attorney is a legal form but is NOT a court form.
There are many different types of powers of attorney. We have talked about a few different ones, previously. For more information on a power of attorney, be sure to contact Klish and Eldreth, PLLC. They may be able to provide a Raleigh probate attorney you decide which is right or you or a family member.
The courts generally are not involved with Powers of Attorney, however, if someone becomes incapacitated or unable to make their own decisions (e.g., in a coma, mentally incompetent, etc.) and needs another adult to make decisions for them, the court could end up getting involved. They might decide to order a legal Conservatorship or Guardianship for those that are incapacitated.
The “principal” is the person who creates a Power of Attorney document and they give authority to another adult who is called an “attorney-in-fact.” The attorney-in-fact does NOT have to be a probate attorney , but must be a competent adult (18 years or older). The principal has the right to revoke or cancel the Power of Attorney at any time and may put a specific time limit in the document saying how long it is valid.
Talk with a probate attorney in Raleigh if you are not sure how to prepare a Power of Attorney for your situation or if you need legal advice.
For more information, be sure to contact our attorney in Raleigh NC to ask any questions you may have or to set up an appointment to with us on your estate plan.