What types of powers does the attorney-in-fact have?
It depends upon the specific language of the power of attorney document. The power of attorney can be “limited,” giving the attorney-in-fact only very limited powers (such as the power to transfer the principal’s assets to a trust established by the principal), or it can be “general,” giving the attorney-in-fact all of the powers that the principal would have if personally present. Q: When do the powers of the attorney-in-fact begin? A: Again, that depends upon the specific language of the power of attorney document. The document can be prepared so that the powers begin as soon as the document is signed, or it can be prepared so that the powers “spring” into effect in the future when a particular event occurs (for example, when the principal is no longer competent—perhaps due to a physical or mental illness). Defining exactly when a “springing” power of attorney is to become effective oftentimes can be very difficult. Q: When do the powers of the attorney-in-fact end? A: The powers of
