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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Steven F WrobelAttorney at LawPRACTICE AREA: Business Law, Labor & Employment Law, Military Law & Military Benefits
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Oncology Nurse AdvisorFrom 2000 to 2012, more patients with cancer were found to be assigning durable power of attorney (52% compared with 74%), according to a study published in JAMA Oncology (2015; doi:10.1001/jamaoncol.2015.1976). However, no significant change was ... more »
The Australian Financial ReviewWith governments statistics showing only 11 per cent of Australians have a valid enduring power of attorney, most households are obviously unprepared. Worse, a new report finds that even when the necessary legal steps have been taken there are still ... more » (blog)Dear Mr. Premack: My mother recently named me as Agent in a perfectly valid, attorney prepared Durable Power of Attorney. Mother is of sound mind but is physically frail, and she asked me to go to her Credit Union to make some changes to her accounts. more »
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