Legal Question in Wills and Trusts in Louisiana
Power of Attorney
At what point does Power of Attorney begin? Does an interdiction have to be filed on an individual before the person they have appointed POA began use of this power.
1 Answer from Attorneys
Re: Power of Attorney
It all depends on how the POA is drafted. Usually, it goes into effect as soon as the person granting the POA signs it.
It can also be drafted so that it does not go into effect until the person receiving POA accepts it.
Some POA's, called "springing" POA's, do not go into effect until the person granting it is declared to be physically or mentally unable to manage his/her own affairs (it "springs" into effect when that happens.) A physician's certification is usually all that is needed, and the person does not have to be judicially interdicted unless the POA states otherwise.
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