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Power of Attorney

 
 
Reply Thu 9 Mar, 2006 10:24 am
I hold the Power of Attorney for my mother, and unfortunately, because of her age, and condition, am obliged to use it.

There is a minor question that I would like to ask. Sometimes I will say to people that I am dealing with in regards to my mother, "I hold the power of attorney."

I have also said, "I am the power of attorney", but that doesn't sound correct.

I am "the attorney for my mother" does not sound right either, as I am not her lawyer.

What is the correct way to address my legal relationship with my mother to banks and institutions that I am dealing with on her behalf?
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Type: Discussion • Score: 2 • Views: 1,486 • Replies: 11
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Letty
 
  1  
Reply Thu 9 Mar, 2006 11:58 am
Phoenix, I think it's, "I have the power of attorney." This clarifies that you are NOT an attorney, but indicates that you may make decisions for her as well as sign her checks, etc.
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Phoenix32890
 
  1  
Reply Thu 9 Mar, 2006 12:26 pm
Letty- Thanks. That sounds good. The whole thing has been so awkward for me.
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Letty
 
  1  
Reply Thu 9 Mar, 2006 12:41 pm
I know, honey. More later as I must run.
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joefromchicago
 
  1  
Reply Thu 9 Mar, 2006 12:46 pm
I'd say it the way Letty does: "I have power of attorney."

Actually, though, an attorney is anyone who acts on behalf of someone else. Over time, "attorney" has become synonymous with "lawyer," but that's not how the word was initially understood.
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Debra Law
 
  1  
Reply Thu 9 Mar, 2006 01:59 pm
The designation is "Attorney-in-Fact."
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Phoenix32890
 
  1  
Reply Thu 9 Mar, 2006 06:12 pm
Debra_Law wrote:
The designation is "Attorney-in-Fact."


Thanks, Debra!
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edgarblythe
 
  1  
Reply Thu 9 Mar, 2006 08:27 pm
Yeah, attorney in fact, but then you have to explain what that means every time.
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hamburger
 
  1  
Reply Thu 9 Mar, 2006 08:37 pm
power of attorney
here is a description of 'power of attorney' as it applies in new york state , perhaps you'll find it useful. hbg

...NEW YORK STATE POWER OF ATTORNEY...
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Phoenix32890
 
  1  
Reply Tue 14 Mar, 2006 02:47 pm
edgarblythe wrote:
Yeah, attorney in fact, but then you have to explain what that means every time.



I had a letter that I had to write to the assisted living facility, concerning a particular treatment. I wrote the letter, signed my name, and typed "Attorney in fact" under it. It was so much neater than going through the gobbeldygook of explaining my legal relationship to my mother in the body of the letter!
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Debra Law
 
  1  
Reply Tue 14 Mar, 2006 02:51 pm
Good job!
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Phoenix32890
 
  1  
Reply Tue 14 Mar, 2006 03:05 pm
Very Happy
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