For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
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Having mental capacity means being able to make and communicate your own decisions.
Testamentary capacity refers to the ability of a person to make a valid will. Most states have both an age requirement (usually 18 years old) and a mental capacity requirement.
A Power of Attorney is a legal document giving one person (called the Agent or Attorney-in-Fact) the power to act for another person (the Principal). The Agent can have either broad legal authority or limited authority to make legal decisions about the principal's property, finances or medical care.
The key distinction between the two is that: your general Power of Attorney becomes invalid upon your death or when you lose the mental capacity to make your own decisions; whereas,2022 an Enduring Power of Attorney will continue to have effect during your lifetime even if you lose capacity to self-manage.
However, there are three different types of capacity: legal capacity, mental capacity and physical capacity.
An enduring power of attorney is a legal document that allows you to appoint someone you trust to make decisions for you during your life time, if you no longer have the capacity to do so. An enduring power of attorney usually takes effect when you lose capacity to manage your own affairs.
A person can only make legally binding decisions about what happens to their deceased estate if they have the requisite testamentary capacity, that is: rational understanding, ability to remember pertinent facts, and comprehension of the legal implications of making a will.
Types of Legal CapacityThe Plaintiff's Responsibility. It is your burden as a plaintiff to sue the defendant in their proper legal capacity, of which there are typically three.Personal.Proprietor or Partnership.Corporation.Disclaimer.
For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.
The holder of an LPA can make life changing decisions on behalf of the mentally incapable person, for example regarding their lifestyle arrangements, medical care and 'life sustaining treatment'. In contrast, for example under an EPA, the attorney cannot decide where the donor should live.
