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In criminal cases heard in NSW, the law is that an accused person can be represented either by themselves, by their lawyer, or by anyone else who the court permits to represent them.
A power of attorney is a legal document that allows a principal to appoint an agent to act for them should they become incapacitated. The agent is expected to place the principal's interests ahead of his or her own, which is why it is important for you and your loved one to pick a trusted individual.
Acting as a Trustee or a Power of Attorney Agent is a lot of work which involves a significant degree of liability. Because of this, a person or organization acting as Trustee or a Power of Attorney Agent is entitled to compensation for such services.
Most states require that powers of attorney be signed by the principal in the presence of witnesses or a notary. An incarcerated principal also must follow these rules. If the prisoner has an attorney, you can ask the attorney to prepare it or you can give her the document and ask her to arrange for signature.
A Power of Attorney might be used to allow another person to sign a contract for the Principal. It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the Principal cannot do for one reason or another.
Keep in mind that a person acting as an attorney-in-fact can be personally liable for a principal's debts if the attorney-in-fact has agreed to create that obligation in another legal capacity.Overall, an attorney-in-fact is not liable for any debts that the principal has.
In general, a person cannot sue on behalf of another person unless there is a special relationship which gives them this right. Some common examples where you can sue on behalf of another include, if you are the parent or natural guardian, if you have power of attorney or if you are the administrator of an estate.
After the principal's name, write by and then sign your own name. Under or after the signature line, indicate your status as POA by including any of the following identifiers: as POA, as Agent, as Attorney in Fact or as Power of Attorney.
If it is written in the power of attorney, The agent of the power of attorney has the authority to retain counsel to commence lawsuits on behalf of the principal.