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.

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.

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.

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This entry was posted on Monday, May 11th, 2009 at 4:57 pm and is filed under Cyber Law, Employment Law, Labor Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.