Have,You,Drafted,Power,Attorne law Have You Drafted a Power of Attorney?
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
In these unsettled times, it's the sign of a smart businessowner to expect the best but prepare for the worst. Whatwill happen to your business if you are unavailable due toany circumstance? Perhaps you are a Reservist and get calledinto active duty, for example.By drafting a Power of Attorney, you will be giving someonethe legal right to look after your business affairs if you areunavailable, away, mentally incapacitated, or otherwise unableto make business decisions.Just as many individuals postpone writing a will, many businessowners avoid the step of drafting a Power of Attorney. Bothappear to have a superstitious belief that the act of preparingfor potential problems will attract misfortune.When we apply the clear light of reason, we all know thatwriting a will doesn't imply imminent death and drafting aPower of Attorney doesn't suggest we'll be unable to operateour businesses. Both are simply evidence of good planning.What if an accident or an illness causes you lose the mentalcapacity for a period of time? Without a Power of Attorney,your family, colleagues and the courts will be pitted againstone another trying to straighten things out. Advance planningwill minimize the problems that will arise later.Alternatively, perhaps you are planning to be away from yourbusiness for an extended period. It's not somethingwe like to consider, but in the extended absences of an owner,the potential for employee fraud or theft increases. You wantsomeone in charge who has your best interests at heart.Naturally, you will want to consult a lawyer to discuss yourunique situation. However, the following considerations arelikely to be applicable in most cases:1. When you draft a Power or Attorney, you must be "of soundmind." Powers of Attorney can be revoked or modified, but again,you must be deemed to be of sound mind. Documents drafting oramending Powers of Attorney must be witnessed.2. By drafting a Power or Attorney, you are giving the "donees"the legal right to carry out transactions on your behalf. In most areas,you can stipulate the powers that you are allocating. Typically,Powers of Attorney include the right to sell or purchase realestate and other assets, the right to make payments of bills anddebts, and the right to manage investments of various sorts.3. Typically you can identify two people to have power ofattorney, as well as appointing a substitute in case something happensto one of the first two. Some advisors recommend appointing threedonees to work jointly in the management of your affairs. Ideally,one donee should be a family member or friend who has your bestinterests at heart. The other should be someone who is connectedto the business and who is familiar with day to day operations.The third recommended donee is the accountant who handles thecompany's books.4. When drafting the document, be very clear what powers youare giving the donees. Avoid "gray areas" or areas that couldbe open to interpretation.5. Make sure that at least one of your donees knows where thePower of Attorney document is kept.6. In most areas, Powers of Attorney can be Continuing orLimited. Continuing Powers of Attorney usually take effectfrom the date of signing and remain in effect after a personbecomes incapacitated. Limited Powers of Attorney give thedonee authority to act only under certain circumstances. Limitedpowers could include real estate transactions, complex investmentslike term deposits, RRSP contributions, and so on.
Have,You,Drafted,Power,Attorne