No. You can set the lenth of time that the Power of Attorney is effective. For example, it could be as short as a few weeks while you are out of the country. You can also set a future date for it to become effective. For instance, you can make it so the Power of Attorney becomes effective when it is signed or at some future date or event, such as "only in the event of my disability." Unless stated otherwise, Powers of Attorney automatically end when you become incompetent so once your agent learns of your condition, she or he has no further right to act for you. To prevent your Power of Attorney from ending when you become incompetent, you must have a provision in the document saying that is your wish. This provision makes your Power of Attorney durable, meaning it will remain valid if you become mentally incapacitated. If you create that type of Power of Attorney, the document will also usually require that your disability be determined by two licensed physicians, one of whom regularly sees you. Finally, Powers of Attorney automatically end at your death. There is no way to extend a Power of Attorney beyond your death.
Other frequently asked questions about powers of attorney:
- What is a Power of Attorney?
- What are some common uses of the Power of Attorney?
- What is an agent or Attorney-in-fact?
- How do I create a Power of Attorney?
- What if I become incompetent?
- Can I revoke my Power of Attorney?
- What is the difference between a Power of Attorney and a Guardianship or Conservatorship?
- My mother has Alzheimers. Can I get a Power of Attorney for her?
To see all the questions and answers, click here.The information in this site is not intended as legal advice.
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