A power of attorney or authorization is a legal instrument that protects persons or entities with legal personality. Taking care of or making decisions related to health and real estate and business management are some of the purposes for which a person (attorney-in-fact) can give another person (attorney-in-fact) the responsibility of representing him or her in situations of absence or incapacity.
Both for emigrants and for people who are temporarily out of their country, it is extremely useful to delegate the possibility of making decisions, because without the presence of the person, many actions become impossible.
The decision to authorize someone to act on behalf of another may be made in different circumstances, either when the person is still in the territory where the power of attorney will be settled, or from a distance, or in situations of incapacity in which the person cannot answer for himself or herself.
Not all powers of attorney have the same characteristics, as their effectiveness may vary over time, depending on the circumstances and the wishes of the principal, and they may grant unlimited or limited powers to the agent.
One type of power of attorney is an authorization for emergencies. These have a reduced time frame. Their scope is limited to the duration of the emergency.
Characteristics of Emergency Authorizations
When issued in emergency situations, these types of powers of attorney meet a number of virtually universal characteristics, which are summarized below:
- Short-term action to be taken until the emergency situation for which it has been granted has been resolved.
- Limited scope, as they are often granted to make medical decisions or manage the principal’s property and finances.
- It’s revocable. This means that the agent can stop it from taking effect, even during an emergency, if the situation allows.
As with other powers of attorney, emergency powers of attorney must be executed before a notary public, who will certify the validity of the document and inform the parties of the scope of the legal actions to be taken.
When should you use this type of power of attorney?
In order to use the emergency power of attorney, the individual must demonstrate that he or she is in a condition that prevents him or her from exercising his or her power of attorney as owner or legal representative.
Some of the situations in which an emergency power of attorney may be in use are
- Natural Disasters: A power of attorney can give the principal the ability to represent someone who has been incapacitated or displaced by the devastation caused by a hurricane, earthquake, or other natural disaster.
- Serious accidents: A power of attorney allows the attorney-in-fact to make medical decisions and manage the principal’s most urgent affairs in the event of a serious accident that leaves the principal unconscious or unable to communicate.
- Medical emergencies: When a person is in a delicate health condition or about to undergo complex medical procedures, he/she may authorize another person to make decisions about his/her situation and other matters while he/she is unable to do so.
- Temporary or permanent international travel (special cases)): If the proxy plans to travel abroad and may not be able to communicate or make decisions.
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