Capacity of the grantor
The person who creates a power of attorney, also known as the "grantor", can only do so when he/she has the requisite mental capacity. Suppose the donor loses capacity to grant permission after the power of attorney has been created then the power will probably no longer be effective. In some powers of attorney the grantor states that he/she wishes the document to remain in effect even after he/she becomes incapacitated. This type of power is commonly referred to as a durable power of attorney. If someone is already incapacitated, it is not possible for that person to execute a valid power. If a person does not have the capacity to execute a power of attorney (and does not already have a durable power in place), often the only way for another party to act on their behalf is to have a court impose a conservatorship or a guardianship.
Please clarify above things with grantor.
The person who creates a power of attorney, also known as the "grantor", can only do so when he/she has the requisite mental capacity. Suppose the donor loses capacity to grant permission after the power of attorney has been created then the power will probably no longer be effective. In some powers of attorney the grantor states that he/she wishes the document to remain in effect even after he/she becomes incapacitated. This type of power is commonly referred to as a durable power of attorney. If someone is already incapacitated, it is not possible for that person to execute a valid power. If a person does not have the capacity to execute a power of attorney (and does not already have a durable power in place), often the only way for another party to act on their behalf is to have a court impose a conservatorship or a guardianship.
Please clarify above things with grantor.
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