Legal definition of capacity
Power Of Attorney Legal Terminology


'Capacity' means ability to comprehend the nature and consequences of the act of executing and granting, revoking, amending or modifying a power of attorney, any provision in a power of attorney, or the authority of any person to act as agent under a power of attorney.
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Linex Legal (press release) (registration)Latest Legal NewsPower of Attorney Cancelled After Court ChallengeWhen the holder of a Lasting Power of Attorney (LPA) does not act in the best interests of the person who created the power, an application may be made to the Court of Protection to have ... more »
InvestopediaThat is especially true of the pivotal legal document called a power of attorney (POA), which grants a named agent or attorney-in-fact the right to act in your place when you cannot. It may be necessary for courts to intervene in some instances if a ... more »
Twin Falls Times-News (blog)Power of attorney forms are easy to find, but you must make sure you have a “durable” power of attorney if you want it to last in case you are incapacitated. Normally, a person has to be capable, or at least have a lucid moment for a power of attorney... more »
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