Do we need both kinds of power of attorney or just property
One chapter covers money and another covers medical decisions and I have limited evenings left. Is the second one carrying its weight or can I skim it.
6 replies
Do not skim it. They are two separate documents with different rules about when they start working, and a question will give you one and ask about the other.
different when they start working how?
Best answer
The property one can be live the moment it is signed and keeps working after capacity goes, which is the whole point of the word continuing in its name. The personal care one waits for incapacity before it does anything.
So a grantor who is perfectly well has already handed somebody authority over the money and nobody any authority over the medical decisions. That gap is the exam question.
Capacity to grant them is assessed differently too, and so are the witnessing rules, which is more detail than a skim is going to give you.
ok that is a real distinction and not just two chapters about the same idea. reading it properly.
Worth knowing who steps in when there is no document at all, because that list has an order to it and a pattern that gives you a quarrelling family is usually pointing there.
my notes call it continuing and the questions just say property. same thing?
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