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Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor. In order to make a power of attorney, you must be capable of making decisions for yourself.
The general power of attorney grants the attorney-in-fact not only the right to conduct any business and sign any documents on behalf of the principal, but to make decisions, including financial decisions, on their behalf.
A Durable Power of Attorney is a written document authorizing another to act as one's agent or attorney. It is typically employed to designate a responsible party in case of an anticipated or feared disability.
Notarization is one of the proper form of authenticating power of attorney in the eye of law and as such General power of attorney dated 28.08. 2008 is valid and properly ratified.
Notarization and Witnessing Requirement To make a POA in Delaware, you must sign in the presence of both a notary public and a witness.
An attorney in fact is an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney.
The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document.
POAs may be revoked in writing at any time by the principal, provided the person is able to understand what they are doing at that time (must be witnessed and notarized). You should make sure that whoever you choose to serve as your agent through a POA is someone you trust and who knows and will respect your wishes.
The Delaware limited power of attorney form allows a person to select an agent to perform a specific financial act to their benefit. The principal may choose to elect to have the form become void after the task is complete, at a specific date, or upon the violation of any condition described therein.
An attorney in fact is an agent who is authorized to act on behalf of another person but isn't necessarily authorized to practice law. An attorney at law is a lawyer who has been legally qualified to prosecute and defend actions before a court of law.