Power Of Attorney???

Q: Can someone explain to me how power of attorney works? How are the terms of it established? Say, if a person was temporarily incapacitated and signed over power of attorney at the time, would the documents have to specifically define the terms of it and how long it is to remain in effect? Or would the person, when recovered, need to DO something to have it terminated? Also, I'm wondering along the same lines about legal guardianship of the person's kids.

A: -When you asked about a power of attorney signed while incapacitated, I assume you mean physically. A power of attorney would not be valid if signed while the person was mentally incapacitated. A power of attorney is established by a writing either setting forth the powers or by a writing which give a power of attorney in general, without being specific. Such a non-specific power of attorney allows the ultimate in power. There is no need to specify how long it is to last. There are forms that can be used. Some stationary stores have them. But no particular form is required, as long as the intent is clear. If a power of attorney does not contain an expiration, is not terminated when the person recovers. The person would have to terminate it by a written notice to the person to whom the power of attorney was granted. Also, it would be wise to publish the termination, and to write letters containing notice of the termination to all persons, banks, agencies, etc.., that the person can think of who might have been contacted in the past or who might be contacted in the future by the person who had the power of attorney. I don't know anything about legal guardianship. -Since I have legal guardianship of my granddaughter maybe I can be of some help. I have to do an annual report to the court as to her health, assets, etc. The guardianship can be terminated upon the written consent of her parents who agreed to grant me guadianship of her, but it would also require a court hearing to grant the right to terminate the guardianship. Florida has a 4 part Power

of Attorney that includes a general power of attorney which can be exercised by the attorney-in-fact upon submission of the incapacity by two independent physicians, a specific real estate power, a health care designate and a Living Will. The Power of Attorney is good for the person's lifetime. In the event the person becomes capacitated anew, it is wise, as McGyer suggests, to contact any third party who may have relied upon the Power of Attorney. Also in FL one can now sue anyone who does not honor the new Power of Attorney which went into effect in October, 1997. As always, the laws of states are very different and I advise you to consult an attorney in your state.