A special power of attorney allows a lawyer to act on behalf of someone who cannot perform certain acts themselves. It can end with an expiration date, revocation, termination by the agent, or the death of the grantor. The duties of the lawyer are specified in the document, and violating them is a breach of fiduciary duties. Each region has laws governing power of attorney, and formal requirements must be met for the document to be valid.
A special power of attorney is called a limited power of attorney in various jurisdictions. It is a document recognized by the courts when properly executed, where a lawyer indeed has some power to act on behalf of someone who is unable to perform such acts himself. A common reason for carrying out this power of attorney is that the grantor is not located in the region where certain financial, commercial or legal transactions are to take place. The title of a special power of attorney can also indicate the limited duty of the agent, such as the financial power of attorney. Unlike a special power of attorney, a general power of attorney is a document wherein the attorney indeed has broad powers to act in the best financial interest of the grantor.
There are a few ways a special power of attorney can end. To begin with, the grantor can include an expiration date in the document, and all powers and rights granted to the agent will cease on that date. The grantor can also revoke the power of attorney before it expires for any reason. The agent may also terminate the document, and some do so because they are walking away or are unable to continue faithfully performing their duties. A special power of attorney ends upon the death of the grantor, and other legal documents that grant powers and rights to individuals, such as a will, come into effect.
Indeed, the duties of a prosecutor are often specified in the deed and sometimes also in the title of the special prosecutor. Typical rights and powers are those associated with the management of the grantor’s financial affairs. Some of the duties include entering into personal or business contracts on behalf of the grantor, making deposits and withdrawals from bank accounts to manage the grantor’s money, and engaging in real estate transactions. The document may not enumerate all the duties, but enough for the attorney of fact and for the courts to determine what powers fall within the scope of the agreement. In fact, a lawyer who performs tasks that go beyond the purpose of the deed violates his fiduciary duties.
Each region has laws governing power of attorney, and those laws specify the formal requirements for executing a valid document. For example, the grantor may need to obtain a certain number of witness signatures. A notary may need to sign and seal the document in some jurisdictions for it to be valid.
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