Tag: Power

Power of Attorney – Special Power of Attorney: The Basics

Power of Attorney – Special Power of Attorney: The Basics

A power of attorney is a piece of paper. With it you give someone the power to act for you. The person acting for you is your agent also known as your “attorney-in-fact.”

(So, if you have always wanted to be an attorney–here’s your chance. Just have someone execute a power of attorney and…presto, you are now his attorney–attorney in fact, that is.)

Note: as you probably know, to become an attorney-at-law is a whole other story. And I’ve written an article on that too–which is well worth reading.

There are two basic types of powers of attorney: general power of attorney and special power of attorney.

A general power of attorney is not limited to a specific purpose. If you just want someone to be able to act for you while you are out of the country then the general one is what you need.

A special power of attorney is used to give another person authority to do one specific thing. For example, if I want to get authority from my client to sign his name to a check I can use the following:

Special Power of Attorney

I, name of client, do hereby grant my attorney Rex Bush a special power of attorney to sign my name to the insurance settlement check so that I don’t have to drive to Salt Lake City from Moab to do the signing.
Client Signature & Date

As you can see this does not require a notary seal. This is a power of attorney in its simplest form. You can dress it up from here and add legal mumbo jumbo as needed to create a power of attorney that you feel good about. However, if you are “ok” with a simple English document, so are the courts.

Now let’s say you are in Iraq, on active duty. You want your wife back in Sandy, Utah to renew your car’s registration but she can’t without your power of attorney. Here’s what that might look like.

Special Power of Attorney

I, Andy Rasmussen, do hereby grant my wife, Jesica Rasmussen, a special power of attorney to sign my name to any documents needed to accomplish re-registration of my 1956 Plymouth Fury so that I don’t have to return from Iraq just to re-register my car.
Andy Rasmussen Date

This is another power of attorney in simple form. Once again, no notary seal is required but you can always dress it up a bit if you like.

Let’s try one more. Let’s say you are buying your first home. Your wife can make the closing but you can’t.

Special Power of Attorney

I, Sam Bidwell, do hereby grant my beloved wife, Greta Bidwell, a special power of attorney to sign my name to any and all closing or other documents at the closing of the home we are purchasing at 1308 Howard Drive, Albany, Oregon.
Sam Bidwell Date

Once again–very simple.

Conclusion

A special power of attorney is a very simple document. You don’t need to make it complicated. Use it to grant someone the power to act for you on one limited occasion.

In 25 years as an injury attorney Rex Bush has successfully handled over 1014 cases, his largest settlement to date is 3.25 million dollars. Visit his website: Utah Personal Injury Attorneys

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Power Of Attorney – General Power Of Attorney: The Basics

Power Of Attorney – General Power Of Attorney: The Basics

A power of attorney is a legal document. You use it to give someone the power to act for you. You are the principal. He is your agent. The person acting for you is also known as your “attorney-in-fact.”

Two types of powers of attorney are the general power of attorney and the special power of attorney.

A special power of attorney is used to give another person authority to do one single thing.

A general power of attorney is not limited to a specific purpose. If you want someone to be able to act on your behalf while you are out of the country then the general one is what you need.

Now let’s say you are going to Afghanistan, on active duty. You want to give your wife power to do just about anything while you are gone.

Here’s a how a general power of attorney for that purpose might look:

General Power of Attorney

I, Andy Rasmussen, do hereby grant my wife, Jesica Rasmussen, a general power of attorney to perform any action on my behalf and to sign my name to any documents needed to accomplish said actions until I return home.
Signature & Date

A notary seal is not required but if you are leaving the country for military service you might want to dress it up a bit and include a notary section. Then sign the power in front of a notary just so your wife doesn’t have any trouble with it while you are gone.

Now let’s say you are caring for your invalid mother. She’s not mentally incompetent…yet. But, she does want you to take care of her affairs and pay her bills. A general power of attorney is what is called for. Here’s how it might look.

General Power of Attorney

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other.
Signature & Date

Once again, given the circumstances it would be best to have a notary section on this one and to get it properly notarized.

Durable Power of Attorney

Let’s say Louisa in the above example is worried about her mother becoming mentally incapacitated. In that case Louisa might have to go to court to get the right to manage her mother’s affairs.

What’s called for is a “durable power of attorney.” It’s still a general power of attorney but in this case we’ll make it durable so it continues even if her mother becomes mentally disabled. Here’s how it might look:

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other. This power of attorney shall continue and survive even if I become disabled whether mentally disabled or physically disabled.
Signature & Date

For sure you would want to have this one notarized and it would be best that you had it drafted by or at least approved by an attorney who works primarily in the area of estate planning.

It is common to see some very comprehensive (10-20 page) General Durable Powers of Attorney. The reasoning behind these very thorough documents is that some financial institutions are very reluctant to rely upon broad, sweeping statements that a principal has granted ALL authority to their agent to do WHATEVER they would be able to do.

Some institutions or people who are dealing with an agent want to see very specific language that pertains to the actual transaction that they are carrying out on behalf of the principal. This just raises the comfort level of some people when dealing with an agent.

Also, in some states there is no penalty for not honoring a power of attorney. If someone chooses not to deal with an agent because they have their doubts about the power of attorney there’s no penalty for refusing to honor the power of attorney. At that point, one would have to establish a guardianship/conservatorship (which, of course, is not a very desirable outcome).

Conclusion

A general power of attorney can be a very simple document. However, since they can be used so broadly, it is best that they be given more care and attention than a simple special power of attorney. When dealing with the aged or infirm you should consider a durable power of attorney. Have an attorney draft it or at least review it.

Acknowledgment

The information on durable powers of attorney was written with the assistance of attorney J. RobRoy Platt of Lehi, Utah. Mr. Platt’s law practice focuses on estate planning issues.

Disclaimer

This article is intended to inform about powers of attorney. Please seek legal advice in your state of residence if your power of attorney involves any matter of consequence.

In 25 years as an injury attorney Rex Bush has successfully handled over 1014 cases, his largest settlement to date is 3.25 million dollars. Visit his website: Utah Personal Injury Attorneys

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What is Power of Attorney?

What is Power of Attorney?

Power of attorney is when an individual becomes responsible for another person’s financial and / or personal affairs. Essentially, when someone has power of attorney for another person, they are responsible for making any life decisions for the person who has appointed them in the power of attorney position. The person making the appointment is usually referred to as the ‘principal’ or ‘granter’, while the person who undertakes the responsibility is referred to as an ‘attorney-in-fact’.

The usage of ‘attorney-in-fact’ is used so as to differentiate between someone acting with power of attorney and a legally qualified attorney; the latter will be referred to as an attorney at law. To be an attorney-in-fact, one requires no legal qualifications whatsoever and the process of transferring attorney to said person is a civil rather than legal decision.

Undertaking power of attorney is not an easy decision to make, as it essentially makes one responsible for the decisions and choices of another. Power of attorney is usually transferred when the principal is unable, or is becoming unable, to make important decisions for themselves; usually due to mental illness, though those suffering from terminal illness often transfer control of their affairs. However, while such instances make up the vast majority of cases of power of attorney, any person for any reason can be granted or give power of attorney.

What exactly the attorney-in-fact is responsible is dependent on the type of attorney granted, though the most common is for power of attorney over financial affairs to be granted. The attorney-in-fact becomes a fiduciary of the principal; a fiduciary meaning a legal relationship that is based on trust. On this basis, the attorney-in-fact is required to be truthful with the principal at all times in how their affairs are being handled.

Granting power of attorney is not a difficult process. Oral power of attorney is recognized by courts, even if it is not officially witnessed, and is given the same powers as a written power of attorney would be. However, for an organization such as a bank or hospital to recognize a power of attorney and refer all decisions to the attorney-in-fact, the decision will usually need to be made in writing and be correctly witnessed. This will require signatures from both the principal and the attorney-in-fact, agreeing to the transfer of power to the attorney-at-law.

In some cases, this is not always possible; for example, if an individual suffers a serious accident, they may not be able to make decisions for themselves but may also not be fit to sign or voice a transfer of power. This is known as ‘springing power of attorney’, and proof of the incapacity of the principal must be obtained before it is recognized By law, no one can obtain springing power of attorney before any incident or accident; it must be done when the principal is incapacitated, and never before.

However, if a mental health patient is well but knows they will deteriorate to the point where they cannot make decisions for themselves any longer, there is a solution beyond springing power of attorney. The principal can prepare a Psychiatric Advance Directive, whereby the power of attorney is transferred at a certain point when their mental health deteriorates. In the mean time, the principal retains control of their financial affairs.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your general power of attorney needs at http://legalbuffet.com/power-of-attorney/.

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Internet Hosting Has The Power To Transform Your Business Into An Internet Giant.

Internet Hosting Has The Power To Transform Your Business Into An Internet Giant.

Internet Hosting Has The Power To Transform Your Organisation Into A Net Giant.

Businesses all over the globe remain in search of brand-new and also possible clients. They use different forms of mediums to advertise as well as market their products.

The globalization of economies has resulted in the pattern of making the world one market. This has actually been added largely as a result of the introduction of net and also ecommerce in the later eighties. Currently, services throughout the world look for customers/ consumers with different intents. All worldwide firms have their very own internet site to advertise their businesses. A specialist looking site will certainly give you trustworthiness, and also will certainly make your site visitor really feel very certain in you, your company as well as your item.

Are Internet sites Just For Services? There are false opinions that web sites are developed just for company purposes. The truth is that there are more individual internet sites compared to service websites on the web. Many individuals favor to have individual internet sites to have a say on different issues. They additionally preserve sites to be in contact with their liked ones.

What Makes A Great Site? There are two vital aspects that make a top quality internet site:

Good content and also design

Quality web organizing

Just what is Hosting? Webhosting is an important feature for a quality website. Webhosting is the service provided by several firms to host your internet site on the net. To hold your website on the web, you call for a dedicated web server with excellent area as well as transmission capacity. Numerous companies can not pay for to have a dedicated web server for their web sites. This brings into image the requirement for the services of hosting companies.
What Makes Quality Webhosting? There are several features that make a high quality webhosting package. The crucial attributes are:

Room:
The initial question tossed at holding companies is the space provided by the business. You need appropriate room to host your website as well as run your applications. You might also require a database assistance. There are several bundles available for you to fit your demand. The area needs vary for personal or a business internet site. There are also cost-free internet holding business which supply you great hosting services. It is always prudent for service sites to go for paid hosting solutions which are reputable. Personal sites could be released by paid or complimentary web holding firms. A hosting company will certainly be favored if it offers top quality web space.

Attributes:
Space needs are not the only requirements to choose a quality organizing supplier. There are various other features supplied by the organizing firm are data source support, backup support, assistance for question/ script languages and download and install resume services. Many services will vary with each host carrier.

Cost:
The rate for the organizing bundle should be sensible. Quality internet holding service doesn?t imply expensive solutions. The hosting service needs to be of best as well as affordable too. Many hosting companies have their products for different end users. Hosting strategies will certainly vary for company and Individual Web Organizing services. Normally Service holding strategies are costlier compared to personal hosting strategies.

Dependability:
Quality has to select integrity. Any kind of quality hosting strategy must additionally be dependable. Site held on the web servers of hosting firms have to be trusted. The information moved are nothing however the service of the client. This suggests the hosting firm should supply trustworthy servers to the clients.

Plans:
Hosting business give many holding alternatives to its clients which are reliable and economical also. Organizing plans will vary for service and personal clients. Organizing prepare for company customers must be extensive to choose. Individual user strategies need to be low-cost as well as eye-catching. Plans are the mix of price and also area provided by the hosting companies.

Bandwidth:
The flow of data in the website is really vital for the success of the website. Lots of cost-free internet space service providers.

Extra

Organizing Articles

Solar Power – The Eternal Source of Energy

Solar Power – The Eternal Source of Energy

With the advancement in the technology, our dependency on the non-renewable resources has increased. Non renewable resources take millions of years to form. These resources include natural gas, oil and coal. These are found deep inside the earth crust. These are fossil fuels that are formed when dead plants and animals get decomposed. Continuous heat and pressure inside the earth results in the formation of fossil fuels. Continuous extraction of these resources will deplete them soon. It is essential for to use them in a sustained manner so that they are available for our future generations. Once they get depleted, it will take next millions of years to form.

Burning of these fuels emits harmful gases that can affect the environment. Thus, these are responsible for climate changes and pollution.

Use of renewable resources is the best alternative to these fossil fuels. Renewable energy is the energy derived from naturally occurring sources like sun, wind and water. Renewable energy includes solar energy, wind energy, hydropower, biomass and geothermal energy. These are considered as the cleanest form of energy as they do not produce pollution. There is no fear of these sources getting vanished as they are available throughout the life time. These resources are gaining wide popularity, and the demand for them is rising across the globe.

Solar Power and Energy is gaining popularity as it is abundantly available. Sun is the ultimate source of solar energy. The energy from the sun is directly converted into electrical energy with the help of solar cells. Solar cell is also known as photovoltaic cell that converts light energy into electrical energy by the photovoltaic effect. A solar cell when exposed to light generates electric current. This electric current can be used to light bulbs or motors. Collection of solar cells is called solar panel. These solar panels not only produce electricity but also store the energy for future use.

There are various advantages of Solar Power and Energy:-

1) This form of energy is environment friendly as compared to the fossil fuels. The solar cells do not release anything into the atmosphere that can create pollution.

2) Solar electricity is cheaper than any other form of electricity. They save a considerable amount of money.

3) Sun is the consistent power source, so one needs not to worry about solar energy getting depleted. Sun is available all the days.

4) Solar panels require very little maintenance, so one has not to spend money on its maintenance. Once installed they will start generating electricity immediately.

5) Solar energy is the cleanest form of energy as it does not create noise pollution.

The applications of solar energy can be broadly categorized into three categories like residential, commercial and industrial. At homes, solar water heaters and solar cookers are used for heating water and cooking food respectively. In industries, it is used for powering TV Station, Radio broadcasting towers, repeater stations and radio telephones. Satellites are powered using solar energy. Commercial building like offices, schools and hospitals use solar energy electrification. Nowadays traffic lights and street lights are being powered by solar energy.

Install Solar Panels Cairns from Naked Energy to curb the wrath of global warming on Earth. Sunlight is the prime source and available all around.
Different Types of Power of Attorney

Different Types of Power of Attorney

Although power of attorney is essentially handing control of your affairs over to another person, there are different uses of the position which vary depending on the situation. These largely depend on the reason behind power of attorney being transferred from the ‘principal’, the individual who wishes to relinquish control of their affairs, and the ‘attorney-at-fact’, the person who takes control of the principal’s business and legal dealings.

Non-Durable Power of Attorney

Non-durable power of attorney is used for short-term transactions, which for whatever reason the principal cannot handle themselves. Any such power of attorney that is non-durable has an expiration, primarily when the principal becomes incapacitated for some reason and is no longer able to give permission for the power of attorney to continue, nor can they revoke it. Usually, non durable power of attorney is limited to a specific time frame, in which any particular deal that is needed to be completed is given time to be dealt with. When this particular instance is complete, power returns to the principal.

Non-durable power of attorney is effective immediately.

Durable Power of Attorney

This type of power of attorney is similar to non-durable power of attorney, only it continues in the event that the principal becomes incapacitated or mentally ill. All powers of attorney come to an end when the principal dies, but durable power of attorney continues right up to that point. Power of attorney that is durable is often used in terminally ill cases, where the principal asks their attorney-at-fact to allow any lifesaving equipment to be removed or authorize a Do Not Resuscitate

Durable power of attorney is effective immediately.

Springing Power of Attorney

Springing power of attorney is used in cases where the principal cannot actively give permission, either verbally or in writing, for someone to act as their attorney-at-fact. To obtain springing power of attorney, a doctor must certify that the principal is incapable of thinking for themselves and an attorney-in-fact is required. Springing power of attorney is used predominantly in cases of sudden deterioration of health, such as deterioration of a mental illness or a serious accident.

These are the three main types of power of attorney, governing time and how the power is assigned. However, power of attorney does not have to be granted for all of the principal’s affairs – it can sometimes only apply to one aspect, such as financial. The differences are as follows:

Special or Limited Power of Attorney

Predominantly used with non-durable power of attorney, special or limited power of attorney is used for specific cases. It often just applies to financial dealings or a specific property sale, and though an attorney-in-fact is appointed, they have no control over any aspect of the principal’s life apart from the sector they are charged with.

Any other type of power of attorney is called General Attorney, which applies to all affairs and dealings of the principal.

Health Care Power of Attorney

This is a specific power of attorney that is used for those who are terminally or mentally ill, and gives the attorney-in-fact power over medical decisions but nothing more. It is similar to special attorney, though is specifically used for medicinal purposes.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your general power of attorney needs at http://legalbuffet.com/power-of-attorney/.