which of the following is true? a competent person of any age may be given attorney in fact

What is the legal significance in most states when a minor misrepresents his age?

What is the legal significance in most states when a minor misrepresents his age? If a competent party relies on the misrepresentation in good faith, the minor forfeits the right to disaffirm the agreement.

Can someone be forced to fulfill a service contract Why or why not what is the underlying reason for this contractual policy?

A: Unless the written contract itself requires specific performance, the answer is no. And even if the agreement does require specific performance, there are several legal defenses (like impossibility, death, failure of consideration or act of God) that would defeat a claim.Mar 23, 2020

Which of the following is not considered a primary class of people who lack capacity for contract purposes?

Which of the following is not considered a primary class of people who lack capacity for contract purposes? Individuals who do not understand English.

Which statement is true about the ability of minors to enter into contracts?

Which statement is true about the ability of minors to enter into contracts? A minor may enter into any contract an adult can, except for contracts that are expressly prohibited for minors.

Why do courts refuse to enforce contracts or bargains made by competent adults if the contracts harm no third party but are illegal?

Key Takeaway. Courts refuse to enforce illegal bargains notwithstanding the basic concept of freedom to contract because they do not wish to reward illegal behavior or sully themselves with adjudication of that which is forbidden to undertake. However, fairness sometimes compels courts to make exceptions.

Which of the following is true of a severable contract?

Which of the following is true of a severable contract? It needs complete performance by both parties. It contains multiple parts that need to be performed collectively.

Which of the following is true regarding the obligations of a minor on Disaffirmance?

Which of the following is true regarding the obligation of a minor on disaffirmance? A. In all states, a minor must return any consideration in his control but is entitled to a full refund of any purchase price regardless of the condition of the consideration when returned.

Which of the following are examples of people who have diminished capacity to enter into legally binding contracts?

Which of the following are examples of people who do not have the capacity to enter into legally binding contracts? People under the age of majority, people suffering from mental illness, and intoxicated persons.

Which of the following is not among the types of contracts and clauses that are often held to be contrary to public policy?

Which of the following is NOT among the types of contracts and clauses that are often held to be contrary to public policy? All covenants not to compete are contrary to public policy, and therefore illegal. Covenants not to compete are not permitted when they involve the sale of an ongoing business.

Is a minor competent to enter into a contract?

Below the age of 18 years does not have the capacity to enter into a contract. A contract or agreement with a minor is null from the beginning, and no one can sue them.

Which of the following is an accurate statement regarding a minor's right to Disaffirm a contract?

Which of the following is an accurate statement regarding a minor's right to disaffirm a contract? A minor has the right to disaffirm a contract until a reasonable time after reaching the age of majority.

Why minors Cannot enter into contracts?

A minor is one who has not attained the age of 18, and for every contract, the majority is a condition precedent. By looking at the Indian law, minor's agreement is a void one, meaning thereby that it has no value in the eye of the law, and it is null and void as it cannot be enforced by either party to the contract.Jul 20, 2016

What is an attorney in fact?

An Attorney-in-Fact is looked upon as a "fiduciary" under the law. A fiduciary relationship is one of trust. If the Attorney-in-Fact violates this trust, the law may punish the Attorney-in-Fact both civilly (by ordering the payments of restitution and punishment money) and criminally (probation or jail).

What is a power of attorney?

A Power of Attorney empowers an Attorney-in-Fact to do certain specified things for the Principal during the Principal's lifetime. A Living Trust also allows a person, called a "trustee," to do certain things for the maker of the trust during that person's lifetime but these powers also extend beyond death.

What is an affidavit for power of attorney?

An affidavit is a sworn written statement. A third party may require you, as the Attorney-in-Fact, to sign an affidavit stating that you are validly exercising your duties under the Power of Attorney. If you want to use the Power of Attorney, you do need to sign the affidavit if so requested by the third party.

Can a person sign a durable power of attorney?

Yes. At the time the Durable Power of Attorney is signed, the Principal must have mental capacity. Although a Durable Power of Attorney is still valid if and when a person becomes incapacitated, the Principal must understand what he or she is signing at the moment of execution.

What is the responsibility of a fiduciary?

You, as a fiduciary, have the responsibility to consider both the safety of the Principal's capital and the reasonable production of income. This is a balancing act in which you need to decide how much income the Principal requires and how much capital must be sacrificed, if any, to generate that income.

Can a durable power of attorney be terminated?

Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can a durable power of attorney make medical decisions?

Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Can a convicted felon have a power of attorney in Texas?

Can a Convicted Felon Have Power of Attorney? Yes. Texas law does not prevent a convicted felon from having a power of attorney. A mentally competent person has the authority to select who they want to serve as their power of attorney.

How to determine if a power of attorney is valid?

The authority of any agent under a power of attorney automatically ends when one of the following things happens: 1 The principal dies. 2 The principal revokes the power of attorney. 3 A court determines that the principal is totally or partially incapacitated and does not specifically provide that the power of attorney is to remain in force. 4 The purpose of the power of attorney is completed. 5 The term of the power of attorney expires.

What is a power of attorney?

A power of attorney is a legal document delegating authority from one person to another. In the document, the maker of the power of attorney (the “principal”) grants the right to act on the maker’s behalf as that person’s agent. What authority is granted depends on the specific language of the power of attorney.

What happens if an agent dies?

The agent dies. The agent resigns or is removed by a court. The agent becomes incapacitated. There is a filing of a petition for dissolution of marriage if the agent is the principal’s spouse, unless the power of attorney provides otherwise.

Can a person with a power of attorney be a guardian?

Yes. If the incapacitated person executed a valid durable power of attorney before the incapacity, it may not be necessary for the court to appoint a guardian, since the agent already has the authority to act for the principal. As long as the agent has all necessary powers, it may not be necessary to file guardianship proceedings and, even when filed, guardianship may be averted by showing the court that a durable power of attorney exists and that it is appropriate to allow the agent to act on the principal’s behalf.

Can a power of attorney be suspended?

If a court proceeding to determine the principal’s incapacity has been filed or if someone is seeking to appoint a guardian for the principal, the power of attorney is automatically suspended for certain agents, and those agents must not continue to act. The power to make health care decisions, however, is not suspended unless the court specifically suspends this power.

Do you have to understand the power of attorney?

Yes. The principal must understand what he or she is signing at the time the document is signed. The principal must understand the effect of a power of attorney, to whom the power of attorney is being given and what property may be affected by the power of attorney.

About The Power of Attorney

• A Durable Power of Attorney may be the most important of all legal documents. This legal document gives another person the right to do certain things for the maker of the Durable Power of Attorney. What those things are depends upon what the Durable Power of Attorney says. A person giving a Durable Power of Attorney can make it very broad or can limit the Durable Powe…

See more on tn-elderlaw.com

Powers and Duties of An Attorney-In-Fact

Using The Power of Attorney

Financial Management and The Liability of An Attorney-In-Fact

Relationship of Power of Attorney to Other Legal Devices

Conservators and Powers of Attorney

Affidavit by Attorney-In-Fact