what law gives the attorney general power

What are general powers of attorney?

The Attorney General is authorized—. (1) to act on behalf of the United States as the authority referred to in a treaty; (2) to receive custody of offenders under a sentence of imprisonment, on parole, or on probation who are citizens or nationals of the United States transferred from foreign countries and as appropriate confine them in penal or correctional institutions, or …

What are the rules for power of attorney?

This document is only to be used when you have the mental capacity to give consent. The General Power of Attorney? What is it? Our General Power of Attorney template is a legal document giving the attorney/donee the Power to manage your affairs and to act in your name and on your behalf. Power of Attorney Act 1971 Section 10 is the governing law.

What is the procedure for establishing power of attorney?

Apr 05, 2015 · A general power of attorney refers to a formal document that gives an individual the legal right and authority to handle another person’s affairs. This authority is typically granted when the individual, who creates the power of attorney general form, often referred to as the principal, is unable to handle his or her own affairs, due to incompetence, leaving the country or …

What are the requirements to be a power of attorney?

This requirement was added to the constitution in 1974. The constitution does not impose any duties or confer any powers on the attorney general. The statutes gives the attorney general supervision over all legal matters in which the state is an interested party, except those over which prosecuting officers have direction.

What authority does the US Attorney General have?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

Is the attorney general over the Supreme Court?

Attorney general offices therefore play an active role before the Supreme Court. Collectively, they are the second most active litigant before the Court, behind only the U.S. government. ... State governments sometimes attempt to enforce constitutional limits on federal power by challenging federal laws.

Is the attorney general in the Constitution?

The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

What is Attorney General law?

attorney general in British English nounWord forms: plural attorneys general or attorney generals. 1. a country's chief law officer and senior legal adviser to its government. 2. (in the US) the chief law officer and legal adviser of a state government.

What is the newest executive department?

The HOMELAND SECURITY DEPARTMENTThe HOMELAND SECURITY DEPARTMENT is the newest division of the executive branch. This powerful new department was created in November 2002, and its creation was spurred by the SEPTEMBER 11TH TERRORIST ATTACKS of 2001. President GEORGE W.

Which congressional act created the office of US Attorney General?

The Judiciary Act of 1789The Judiciary Act of 1789 establishes the Office of the Attorney General. The Judiciary Act of 1789 established the Office of the Attorney General. On September 26, 1789, Edmund Jennings Randolph was appointed the first Attorney General of the United States by President George Washington.

Does the Attorney General of the United States have to be a lawyer?

Considering the myriad legal responsibilities carried by state attorneys general, it may surprise you to discover that a whopping 19 states have no set statutory or constitutional provisions requiring an individual to hold a law degree, or have a valid license to practice law, in order to serve in the office of ...

How long does the US attorney general serve?

four-yearUnder the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.

How do you become US attorney general?

The United States attorney general is the head of the U.S. Department of Justice. The position requires a presidential nomination and subsequent confirmation by the United States Senate.

What is the Article 76?

Article 76 of the constitution mentions that the Attorney General of India is the highest law officer of India. As a chief legal advisor to the government of India, he advises the union government on all legal matters.

Why is the Attorney General a general?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state, especially in criminal prosecutions, is such an attorney.

Who is the highest law officer in India?

the Attorney General of IndiaAdvocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.

The General Power of Attorney? What is it?

Our General Power of Attorney template is a legal document giving the attorney/donee the Power to manage your affairs and to act in your name and on your behalf. Power of Attorney Act 1971 Section 10 is the governing law.

When do I need to use a General Power of Attorney?

You would need a General Power of Attorney if you wanted to give someone permission to manage your financial affairs or take care of your documents in the event that you are absent, cannot leave your home, are away from your home, or in any other situation where you would require someone to act on your behalf.

What is meant by a donor and a donee?

The person giving the permission or the Power is called the donor, while the person to whom the Power is given is called the donee or attorney.

Who can I grant the Power to act as my attorney?

The following can be appointed as your donee/attorney provided the individual has mental capacity and is not a discharged or interim bankrupt:

How many witnesses are required for the General Power of Attorney?

You should usually have the General Power of Attorney witnessed by one witness. In situations where you are trading in Government securities or the Power is being used to deal with your overseas matters, you must use a minimum of two witnesses.

What is the duration of the General Power of Attorney?

With our General Power of Attorney template, you can set a termination date within the document, or it can be revoked at any time with a Deed of Revocation. We have a Deed of Revocation available on our website.

How do I revoke or terminate a General Power of Attorney?

The General Power of Attorney can be terminated or revoked using a revocation letter or will be reversed automatically by the mental incapacity of the donor.

What is a power of attorney?

A general power of attorney refers to a formal document that gives an individual the legal right and authority to handle another person’s affairs.

What does an attorney in fact do?

When a power of attorney is granted, the attorney-in-fact may also initiate decisions regarding the principal’s government benefits and life insurance. For example, the attorney-in-fact may purchase life insurance for the principal and may alter any existing policies. The attorney-in-fact may also act on the principal’s behalf in regards to ...

What is the power of the attorney general?

General Powers and Duties (CGS § 3-125) The law gives the attorney general supervision over all legal matters in which the state is an interested party, except those over which prosecuting officers have direction.

What does the Attorney General represent?

The attorney general must represent the public interest in the protection of any gifts, legacies, or devises intended for public or charitable purposes . All writs, summonses, or other processes served upon such officers and legislators must be transmitted by them to the attorney general.

When was the Office of Attorney General established?

SUMMARY. The Office of Attorney General was established by the legislature in 1897. The constitution requires a general election for attorney general every four years. This requirement was added to the constitution in 1974. The constitution does not impose any duties or confer any powers on the attorney general.

What is a power of attorney?

A Power of Attorney is a written document wherein the “Principal” confers rights and legal authority on the “ Attorney” to do certain acts and take appropriate decisions in legal matters. Apart from the “Attorney” being responsible for his individual acts, the “ Principal” would also be responsible for the acts done by the “Attorney”.

What should be included in a power of attorney?

What Should Be Included In The Document? 1 Date and place where the document was made 2 Details of Principal – name, age, address 3 Details of Agent – name, age, address 4 Reasons for making the power of attorney – old age, living abroad, illness or any other disability

Can a power of attorney be registered?

It need not be registered unless it concerns immovable property. Several copies can be made and stored, the original can be retained by “Principal” while the “Attorney” saves a copy too. Thus, a power of attorney is an important document wherein the “Attorney” is entrusted with many confidential and trustworthy matters.

What is a power of attorney?

A general power of attorney gives your agent broad power to act on your behalf — making any financial, business, real estate, and legal decisions that would otherwise be your responsibility. For example: 1 managing banking transactions 2 buying and selling property 3 paying bills 4 entering contracts

When does a power of attorney go into effect?

A springing (or conditional) power of attorney only goes into effect if a certain event or medical condition (typically incapacitation) or event specified in the POA occurs. For example, military personnel may draft a springing power of attorney that goes into effect when they’re deployed overseas.

What is POA in estate planning?

A power of attorney, or POA, is an estate planning document used to appoint an agent to manage your affairs. There are several different types of power of attorney. Each serves a different purpose and grants varying levels of authority to your agent. Related Resource: What is Power of Attorney?

What happens to a non-durable power of attorney?

Non-Durable Power of Attorney. A non-durable power of attorney expires if you become incapacitated or die. For instance, if you fall into a coma, your agents will lose any authority previously granted. After that, only a court-appointed guardian or conservator will be able to make decisions for you.

Can a power of attorney be restricted?

The powers granted under a general power of attorney may be restricted by state statutes. Who can legally override your power of attorney depends on which type of POA you select. 4. Limited (Special) Power of Attorney.