The law has different legal procedures to guarantee the protection of the will of people who in the future could see their ability to express it nullified, especially when it comes to diseases such as Alzheimer. Among those procedures is the General Preventive Power of Attorney.
WHAT IS THE GENERAL PREVENTIVE POWER OF ATTORNEY?
The General Preventive Power of Attorney is a legal formula that allows one person to designate another person, multiple people or an institution so that they can represent your interests. There are two types:
Strict: This means that the assignee only has the right to represent the person the moment that they suffer the state of incapacity foreseen in the Power of Attorney.
With subsistence of effects in case of incapacity: This means they do not wait until the person suffers a state of incapacity, and the assignee can use the Power of Attorney at the moment it is granted, or from a specific date stipulated in the document.
WHY IS THE GENERAL PREVENTIVE POWER OF ATTORNEY USEFULL?
The General Preventive Power of Attorney is very helpful, as it is used to support the person chosen to take care of your needs in the future. This can make it simpler and less costly for them to act as your legal and economic representative. It is the best option to protect the interests of someone that could suffer a stoke, an injury that could lead to disability, or suffer a degenerative disease such al Alzheimer or Dementia.
Thanks to this document, the assignees can manage the heritage without the need to proceed to a judicial incapacitation procedure, which is a lot more costly and time consuming.
HOW TO GET A GENERAL PREVENTIVE POWER OF ATTORNEY
This document can be requested once you are of legal age, at any moment of time, and before there has been a loss of capacity, in order to still be able to consent to the Power of Attorney. The document is requested at your Notary of choice.
The General Preventive Power of Attorney can be revoked at any time by the person, as long as they are still capable, and can control and establish specific causes for the document will be revoked.
This document will extinguish with the death of the person.
If you need assistance obtaining the General Preventive Power of Attorney, need a translator or just have further questions regarding this document, please do not hesitate to contact LACS.