Q: When can power of attorney be used?
Does the principle/grantor HAVE to be sick/unwell or can they be healthy? If a principle/grantor is of sound mind, with no disability, illness or physical or mental incapacity, would an agent/grantee using the POA be misusing the power?
A: It depends on the wording of the POA. Some take effect immediately after they are signed. Some are only effective when the principal becomes incapacitated. If it is effective immediately, it is not necessarily a misuse for the agent to use the POA. For example, I might give my husband a POA to sign document for me for a real estate closing for my convenience because I am unable to attend for some reason other than incapacity. That would not be a misuse.
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