Power of attorney for your property in case of disability

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Maryam Jamshidian /
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Power of attorney for your property in case of disability

Do you know that you can choose a person as your representative so that if you are alive but unable to manage your property due to the mental incapacity, he will manage your assets according to your previous opinion and will?

Power of attorney for your property in case of disability

In general, a power of attorney gives you the power to choose a person or persons to manage your property during your lifetime and when you are not enclosed, so this power of attorney is at a time when you are mentally incapable. This special type of power of attorney called Continuing Power of Attorney, you can give the authority to manage the property while you are alive but due to disability, where you can not decide about your property, leave it to a trusted person or persons.

Important notes:

• Your attorney does not have to be a lawyer, but any eligible person over the age of 18 can be selected as an attorney.
• You can also grant specific and limited powers or general powers to your attorney and specify the scope of his powers in the power of attorney.
• On the other hand, in this type of power of attorney, you have delegated the authority to manage the property to your attorney only until you regain your mental ability and efficiency, and after recovery, you will take over again.
For example, if you choose your spouse or eldest child as an attorney, when you are not able to manage your property, they can manage your financial transactions, banking operations related to loans and mortgage, and this is a kind of peace of mind for It brings you and your family.
• To ensure proper management and prevent possible disagreement of more than one lawyer, it is recommended to choose the attorney you trust and specify the scope of their authority.
• Keep in mind that before choosing an attorney, be sure to seek their opinion to introduce them if they are interested in accepting this position and its legal responsibilities. In any case, it is better to introduce the second person as an alternative so that if the first person is not accepted or there is a problem in accepting the position, the last person can manage your property.
• This type of power of attorney becomes enforceable as soon as your physical or mental disability occurs, and the attorney's responsibilities begin.
• Note that this power of attorney expires as soon as you die, so the representative you have chosen according to the Will would take care of your property, and if you do not have a Will, your heir will have to appoint a legal representative via court.

It is recommended that you consult with experts in this field to prepare a comprehensive and complete power of attorney that includes your needs and wishes.