The Maine Supreme Judicial Court responds that, while representing an agent does not automatically create an attorney-client relationship with the director, facts can develop in particular cases that could support the finding of such a relationship. Usually, an attorney-client relationship doesn't form until the lawyer and client agree. But the attorney-client privilege protects some communications made before the prospective client hires the lawyer, and even some where the lawyer is never hired. So what powers does the agent have under a power of attorney? The agent can do anything the director can do.
If you look at the power of attorney form, you will see that there is a full list of powers that the principal will give to the agent. Usually with letters A-P, and each letter gives a different power. The privilege generally remains in effect even after the attorney-client relationship ends, and even after the client's death. In other words, the lawyer can never disclose the client's secrets without their permission, unless some kind of exception applies (see below).
White, 970 F, 2d 328 (7th Cir. At some difficult times in your life, you may need someone to make important decisions on your behalf. That's where a document called a “power of attorney” can help. A power of attorney is a way to ensure that you and your assets are protected when you can't make decisions for yourself.
When you give a power of attorney to someone you trust, that person can intervene if they ever become incapacitated. The person can make key legal and financial decisions on your behalf. At Chaves Perlowitz Luftig LLP, our attorneys have decades of experience helping clients understand the power of attorney process. We can explain your options to you and help you determine the best way to ensure that your wishes are met.
Whether you need a power of attorney that covers a limited set of circumstances or one that works more broadly, we can help you decide on the plan that meets your needs. Use and access to this website or to any of the links or resources contained in the site does not create an attorney-client relationship between the reader, the user or the browser and the authors, collaborators of the website, Chaves Perlowitz Luftig LLP or its partners. The information provided on this site does not constitute legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship will be formed or formed through the use of the site. The information presented on this website should not be construed as legal advice or as the formation of an attorney-client relationship.
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