<P> The Uniform Power of Attorney Act employs the term agent . As an agent, an attorney - in - fact is a fiduciary for the principal, so the law requires an attorney - in - fact to be completely honest with and loyal to the principal in their dealings with each other . </P> <P> Care must be taken when selecting an attorney - in - fact, as some attorneys - at - fact have used their authority to steal the assets of vulnerable individuals such as the elderly (see elder abuse). </P> <P> The person who creates a power of attorney, known as the grantor, can only do so when he / she has the requisite mental capacity . Suppose the grantor loses capacity to grant permission after the power of attorney has been created (for example, from Alzheimer's disease or a head injury in a car crash); 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 . </P> <P> Depending on the jurisdiction, a power of attorney may be oral and, whether witnessed, will hold up in court, the same as if it were in writing . For some purposes, the law requires a power of attorney to be in writing . Many institutions, such as hospitals, banks and, in the United States, the Internal Revenue Service, require a power of attorney to be in writing before they will honor it, and they will usually keep a duplicate original or a copy for their records . Nursing homes often follow the same practice . </P>

Where do i get a power of attorney
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