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From our Appleton office, we are Criminal Defense, OWI, DUI, DWI, Personal Injury, Divorce attorneys providing quality legal services to clients throughout the
greater Fox River Valley and Northeastern Wisconsin areas, including Appleton, Green Bay, Oshkosh, Fond du Lac, Menasha, Neenah, Combined Locks, Darboy,
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Manitowoc County, Kewaunee County, Green Lake County and surrounding areas. If you are in need of a local attorney with extensive experience in legal
representation, whether it be in Brown County, Fond du Lac County or the greater Fox Valley, if you have been arrested for a DUI, OWI, drug case, domestic abuse,
disorderly conduct, white collar crime or are in need of a divorce lawyer or attorney to help represent you in a custody hearing, child support hearing or personal
injury or car accident case, then call your attorneys at Pitsch Law Offices, LLC.
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What is a Durable Power of Attorney for Finances and Other Property?
Why should I consider a Durable Power of Attorney?
What do I do with the Power of Attorney document?
When does my authority to act as agent begin?
A.
May the principal still act after giving me a Power of Attorney?
After signing the document as the agent, you should keep the original in a safe place
such as in your safe deposit box or with the lawyer who prepared it. Most Power of
Attorney documents provide that a copy has the same authority as the original, so keep
the original document and make copies to give on request. If you are selling real estate as
the principal’s agent under the document, you must record the original in the office of the
register of deeds in the county in which the real estate is located. Make sure that the
original is returned to you after recording.
For more about what we can do for you, please contact us for a free initial consultation.
If you do not have a Durable Power of Attorney and you become incompetent, your family may
need to ask the court to appoint a guardian for you. Appointing a guardian takes time and can
be difficult, timely, and expensive. The family will likely need to hire a lawyer who will set a
court hearing date for the court to review the issue and appoint a guardian. A physician must
provide evidence that you cannot handle your own affairs.
E.
C.
Yes, if the principal is competent. The fact that the principal has given you authority to act
does not limit in any way the principal’s ability to act for himself or herself. While the principal
is competent, he ors he can take any action, including undoing something that you have
done as agent.
The Power of Attorney should state when your power to act begins and ends. In some cases,
the Principal (party for whom the document is made) may provide for “springing power," which
is when the agent (the person acting on your behalf) has power to act only if the principal has
been determined to be incapable of acting. A document that provides for a springing power
usually will say how incapacity will be decided (for example, after a doctor’s examination and
certification).
D.
A Durable Power of Attorney is a signed and notarized document by which one person gives
another person authority to act on the others behalf. The authority may be general, giving the
agent broad power to make decisions, or be limited, giving the agent the power to do one or
more specific things. The most common power of attorney used is a durable power of attorney.
The person for whom the other is acting on the behalf of can make the power of attorney
effective immediately or at some later date or event, such as when the principal becomes
incapacitated. Basically, a general durable power of attorney can avoid the need for a court
appointed guardian.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation
B.
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