Power of attorney regarding potential incapacity of adult

In anticipation of a potential future need for support, an adult may execute a power of attorney in order to manage their interests. This power of attorney can be executed with or without powers to represent and adheres to the general law, specifying the rights granted and scope of a potential representation, as well as any other elements or conditions for exercising powers. This power of attorney can be freely revoked by the grantor. When the incapacity is decreed, the court can use all or some of the powers granted and takes the power of attorney into account when defining the scope of protection and the designation of the person who shall accompany the incapable person. However, the court may terminate the power of attorney when it is reasonable to assume that the grantor would intend to revoke it.

© João Maia Rodrigues e Diovana Barbieri