Mentally Incompetent Power of Attorney
Identification of Partie
This Mentally Incompetent Power of Attorney ("POA") is made on [date] between [Your Name], referred to as the "Principal," and [Agent's Full Name], referred to as the "Agent."
Scope Authority
With this Power of Attorney (POA), the designated Agent is granted the substantive authority to take actions and make critical decisions on behalf of the Principal specifically about matters of a financial, legal, and healthcare nature. This endowment of power becomes operative if the Principal suffers a deterioration in their mental capacity and is subsequently adjudged as mentally incompetent.
Effective Date and Duration
The Power Of Attorney, commonly abbreviated as POA, will go into immediate effect as soon as it is executed. It will continue to be effective and enforceable until a specific termination date or a particular triggering event occurs - this shall be detailed explicitly. Moreover, the Principal also has the right to revoke this Power of Attorney at any point in time before the specific termination date or triggering event.
Revocation Clause
The Principal maintains the authority to retract this Power of Attorney whenever they wish to, on the condition that they are in a mentally sound state to make such a decision. Any renouncement of this authority must be carried out in written form, for transparency and legal reasons, and the said written retraction must be delivered to the agent in a manner that reasonably ensures they are aware of its existence and content.
Specific Powers
The Agent is authorized to manage the Principal's financial affairs, including but not limited to banking, investments, real estate transactions, and payment of bills. Additionally, the Agent is empowered to make healthcare decisions, including consenting to medical treatment or procedures, access medical records, and select healthcare providers.
Incapacity Provisions
This POA specifically activates upon the determination of mental incompetence by a specified authority or healthcare professional, confirmed in writing. The determination of mental incompetence shall be made based on criteria for mental incompetence as defined by applicable law, such as a diagnosis of severe dementia by a licensed psychiatrist or a court-appointed guardian declaring the individual unfit to make decisions regarding their affairs.
Governing Law
This Power of Attorney shall be regulated and controlled by the laws of the [relevant jurisdiction] specified herein, disregarding any principles that may otherwise dictate the resolution of legal conflicts by referring to the laws of another jurisdiction.
Miscellaneous Provisions
The Agent shall act in the best interests of the Principal, exercising the powers granted herein prudently and responsibly. The Agent shall keep accurate records of all transactions conducted on behalf of the Principal and provide periodic accountings upon request.
Agent’s Acceptance
I, [Agent's Full Name], hereby accept the duties and responsibilities conferred upon me by this Mentally Incompetent Power of Attorney and agree to act by its terms.
Signed this [Date] day of [Month, Year].
[Agent's Full Name] (Attorney-in-fact)
WITNESS ACKNOWLEDGEMENT
I, [Name of Witness], hereby certify that I witnessed the signing of this Mentally Incompetent Power of Attorney by the Principal, who appeared before me and acknowledged the contents of the document.
[Witness's Name]
[Date Signed]
NOTARY ACKNOWLEDGEMENT
On this [Date], before me, a Notary Public in and for the State and County aforesaid, personally appeared [Your Name] and [Agent's Full Name], known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free and voluntary act and deed.
[Notary Public's Name]
My Commission Expires:
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