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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William C MeiliAttorney at LawPRACTICE AREA: Criminal Defense, Litigation, Military Law & Military Benefits
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Naples Daily NewsAdult children often call lawyers asking them to prepare durable power of attorneys for parents. This question inevitably leads to further conversation. The threshold question is, "Why are your parents not calling themselves?" If an attorney is going ... more »
The Daily GazetteBut those who have ever had to deal with a relative over the state's complex and often-confusing system for determining power of attorney might not find the issue such a snoozer — especially when banks and other financial institutions refuse to honor ... more » a Lasting Power of Attorney you nominate a trusted friend or relative to take control of your assets, but ONLY if and when you lose capacity. It's a bit like an insurance policy in case the worst happens. However it needs to be set up when you ... more »
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