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Power of Attorney
Can a Power of Attorney Be Used to Open a Post Office Box and Pay Bills?

Can a Power of Attorney Be Used to Open a Post Office Box and Pay Bills?

Q: What happens if the principal is incapacitated?

If the principal is incapacitated, they cannot create or revoke a power of attorney. The existing power of attorney remains in effect, allowing the agent to act on the principal's behalf as long as it was validly executed before the principal became incapacitated.

Q: Do I need to inform the post office when opening a PO box with a power of attorney?

Yes, when opening a PO box using a power of attorney, you should inform the post office of your authority as the agent. They may require a copy of the power of attorney document to verify your right to act on behalf of the principal.

Q: Can a power of attorney be used for financial matters?

Yes, a power of attorney can be used for various financial matters, including paying bills, managing bank accounts, and handling investments. The specific powers granted depend on the language of the power of attorney document.

Q: What should I do if the principal's mental capacity is in question?

If there is doubt about the principal's mental capacity, it is advisable to consult with a physician. They can assess the principal's cognitive abilities and provide documentation if necessary, which may be important for the validity of the power of attorney.

Full question:

situationPrincipal went to hospital and then to nursing home it has been determined he can not live alone anymore. Can the 'California General Powers of Attorney' form be used by agent for opening up a PO box in principals name and retrieving mail to pay bills

Category: Power of Attorney
Date: 04/07/2025
State: California

Answer:

As long as the power of attorney is properly made by a principal who has mental capacity, the power of attorney may be used to collect and pay bills. The principal must have mental capacity to make or revoke the power of attorney at the time of signing. Legal capacity generally means to have an understanding of the nature of the action and its consequences. When a person is incapacitated, she is unable to sign a will, codicil to a will, power of attorney, or a revocation of the same. We suggest discussing his mental capacity to sign a contract with his physician.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a power of attorney be used to manage a principal's mail?

Yes, a valid power of attorney allows the agent to manage the principal's mail, including retrieving it. This authority is generally included in the powers granted to the agent, provided the principal had mental capacity when the power of attorney was executed. It is important for the agent to act in the principal's best interests.

What happens if the principal is incapacitated?

Do I need to inform the post office when opening a PO box with a power of attorney?

Can a power of attorney be used for financial matters?

What should I do if the principal's mental capacity is in question?

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