Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

In general, a person can still act on their own behalf even if they have granted someone else power of attorney. However, the specific circumstances and type of power of attorney can affect this ability. It’s important to understand the different types of power of attorney and their implications.

A durable power of attorney typically allows the principal (the person granting the power) to continue making decisions for themselves as long as they are mentally competent. The agent (the person receiving the power) can act on the principal’s behalf, but this doesn’t automatically strip the principal of their own decision-making authority.

However, if the power of attorney is springing or contingent, it may only come into effect when the principal becomes incapacitated. In such cases, once the power of attorney is activated, the principal may no longer have the legal capacity to make decisions for themselves.

It’s crucial to note that even with a valid power of attorney in place, the principal should be allowed to make their own decisions if they are mentally competent. Financial institutions, healthcare providers, and other entities should respect the principal’s wishes if they demonstrate capacity, regardless of the existence of a power of attorney.

Legal professionals advise that the terms of the power of attorney document should be carefully reviewed to understand the specific powers granted and any limitations imposed. If there are concerns about a principal’s capacity or conflicts between the principal and the agent, it may be necessary to seek legal counsel or court intervention to resolve the issue.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.