When acting on the behalf of someone who has given you Durable Power Of Attorney does the principal have to be

Question

I have a DPOA on my mother. When using it to act on her behalf, does she have to be with me, or does the DPOA mean I represenet her without her being there?

Answer 1

No she does not have to be with you that is the purpose of the DPOA. However do have a notorized copy of the DPOA when you are acting on her behalf. Also, once the person is deceased the DPOA is invalid.

Answer 2

No, the person who grants the power of attorney (the "principal") does not have to be present for the person to whom the power has been granted (the "agent") to act.

A power of attorney ("POA") grants the agent the authority to perform certain acts or types of acts on behalf of the principal. A standard POA terminates, however, if the principal is judged mentally incompetent. A durable POA, on the other hand, continues despite any incapacity of the principal.

Any requirement that the principal be present for the agent to act would effectively negate the POA: for example, if the principal has to be present, why not just have them sign the document (or perform whatever act is contemplated)? If the principal has been adjuged incompetent, for what reason would their presence be necessary if, as it would be assumed, they couldn't sufficiently comprehend what was happening?

Sorry for the long-winded law-school essay, but as long as you, as agent, are acting within the powers conferred on you by the principal in the POA, their presence is not required.

Answer 3

in the state of new mexico, the principle does not have to be present when you represent them. you do have to have the original documents with you whenever you exercise your DPOA to prevent any....misunderstandings.

Answer 4

Power of attorney gives you the right to act for her regardless of whether she is there or not. The thing that makes it "durable" means that you can do that even if she becomes incapable of making decisions for herself.