Frequently Asked Questions (FAQs)What is a Power of Attorney? A Power of Attorney (POA) is a document which gives another person the legal authority to represent you and act on your behalf. This is necessary when a third party is asked to rely on that authority, as the POA gives the third party the legal assurance that the person holding the POA has secured your approval to act on your behalf. Typically, a POA is used in financial affairs and, sometimes, in the administration of an individual’s health or personal welfare. In the course of processing claims, TPR sometimes requires a client to sign a POA. These cases are usually non-corporate and involve trustees or executors, or a client who resides in another state or country. The POA which TPR typically asks for is limited to specific affairs. This means that TPR can only work within the specified parameters set out in the POA. Furthermore, TPR, as the ‘donee of power’ or ‘agent’ for the client, is subject to duties to act in the best interest of the client at all times under the POA. Otherwise, TPR would be in breach of its fiduciary duties to the client. The powers TPR have under its POA will end once the affairs set out in the document have been settled. Alternatively, the client may wish to draw up a Deed of Revocation which will terminate TPR's powers. |