LRC Reports

Powers of Attorney and Mental Incapacity (1975)

Keywords: power of attorney; mental; incapacity; agency; agent; termination; enduring; incompetence; principal; revocation; public trustee; filing; form; execution; duration

This project is devoted to an examination of the law relating to the terminating effect of mental capacity on powers of attorney. At the time the project was carried out, a power of attorney would automatically terminate if the person who granted the power of attorney became legally incapable of managing his or her affairs. This rule often frustrates the legitimate wishes of people to plan for their affairs in the event that they became incapable of managing for themselves.

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