A power of attorney is valid only if you are mentally competent when you sign it and, in some cases, incompetent when it goes into effect. If you think your mental capability may be questioned, have a doctor verify it in writing. If your power of attorney doesn't specify requirements for determining mental competency, your agent will still need a written doctor's confirmation of your incompetence in order to do business on your behalf. A court may even be required to decide the competency issue in some circumstances.
Under the common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called "power of attorney with durable provisions" in the United States or "enduring power of attorney", "lasting" or "continuing" power of attorney elsewhere. In effect, under a durable power of attorney, the authority of the attorney-in-fact to act and/or make decisions on behalf of the grantor continues until the grantor's death.[13]
In March 2014, after it was learned two passengers with stolen passports were on board Malaysia Airlines Flight 370 which went missing on 8 March 2014, it came to light that Interpol maintains a database of 40 million lost and stolen travel documents from 157 countries which it makes available to governments and the public, including airlines and hotels. The Stolen and Lost Travel Documents (SLTD) database however is little used. Big News Network which is based in the UAE, observed that Interpol Secretary General Ronald K. Noble told a forum in Abu Dhabi the previous month this was the case. "The bad news is that, despite being incredibly cost effective and deployable to virtually anywhere in the world, only a handful of countries are systematically using SLTD to screen travelers. The result is a major gap in our global security apparatus that is left vulnerable to exploitation by criminals and terrorists," Noble is quoted as saying.[42]
While you can appoint multiple agents, decide whether these agents must act jointly or separately in making decisions. Multiple agents can ensure more sound decisions, acting as checks and balances against one another. The downside is that multiple agents can disagree and one person's schedule can potentially delay important transactions or signings of legal documents.
Account Takeover fraud is becoming increasingly common, particularly as traditional credit card fraud has become less prevalent due to the widespread adoption of EMV chipped credit cards. In an account takeover situation, a thief would log into the victim’s existing accounts, often using stolen credentials, and then add themselves as an authorized user. For example, the thief could log into your bank and then request a new credit card under your existing account. In this scenario, traditional credit monitoring would be unable to alert to this activity, because the thief is technically using an existing line of (your) credit.
The Law Office of Adam I. Skolnik, P.A. has built a reputation on delivering excellence in broad-based legal services for individuals and businesses in the communities throughout the South Florida area. Integrating a wealth of experience with legal know-how, our firm is dedicated to fighting for our clients in and out of the courtroom. While we make every effort to find practical solutions and avoid the expense of litigation, when necessary to protect your best interests and meet your objectives, we are always prepared to go to trial. After graduating with honors from the University of Florida, Attorney Adam I. Skolnik attended Brooklyn ... View Profile