Powers of the Attorney General
What is a Power of Attorney?
A general power of attorney refers to a formal document that gives an individual the legal right and authority to handle another person’s affairs. This authority is typically granted when the individual, who creates the power of attorney general form, often referred to as the principal, is unable to handle his or her own affairs, due to incompetence, leaving the country or old age etc.
Declaring a power of attorney general may be beneficial when an individual must leave the country for a significant time period or becomes chronically ill with a condition that impedes the individual from logically handling his or her own affairs. In these scenarios, the individual who is awarded the power of attorney general possesses the same powers the principal would normally have.
What authority does the Power of Attorney Possess?
In most cases, granting a power of attorney general is not a decision that is made lightly; the individual who assumes power of attorney has no restrictions on what he or she can do with the principal’s assets. The individual who assumes power of attorney can make decisions regarding how the principal’s assets are managed or how their money is spent.
Furthermore, if the principal owns a business, the power of attorney can take control of the entity’s day to day operations. If the power of attorney is irresponsible, the principal’s assets may be spent for frivolous reasons; in more egregious situations, the power of attorney may even sell the principal’s assets when it is not in the individual’s best interest to do so.
When a power of attorney is granted, the attorney-in-fact may also initiate decisions regarding the principal’s government benefits and life insurance. For example, the attorney-in-fact may purchase life insurance for the principal and may alter any existing policies. The attorney-in-fact may also act on the principal’s behalf in regards to the individual’s retirement savings, financial assets or government benefits.
Who is awarded Power of Attorney?
In most scenarios, the individual who is granted power of attorney is a close relative to the principal. Although the name holds a sense of legal knowledge, the power of attorney does not need to possess any legal experience. Furthermore, signing a general power of attorney does not necessarily take away the principal’s ability to make decisions for him or herself; if the principal is regarded as mentally capable, he or she can choose to allocate assets or make decisions regarding the estate. If the principal feels that the power of attorney is doing a poor job managing the estate, the individual may also revoke the authority and privileges attached to the attorney-in-fact.
What is the United States Attorney General?
The United States Attorney General, which is the office of the national attorney general, is the chief legal counsel for the United States. United States Attorney General must be appointed by the President and confirmed by the Senate to operate within the Presidential Cabinet.
As a result of this appointment status, the individual holding office as the United States Attorney General will typically be removed once the acting President’s term ends. In addition to assuming a role as the chief counsel for the United States Federal Government, the National Attorney General holds all authority and actively manages the United States Department of Justice.
The United States Congress created the office and position of the United States Attorney General in 1789. During this time the powers of the Attorney General were primarily limited to representing the government in the United States Supreme Court and to advise the President on basic legal matters. These powers of the Attorney General; however, evolved as the Department of Justice grew in size and prominence.
Powers of the United States Attorney General:
The United States Attorney General is responsible for advising the executive branch regarding all crucial legal matters. Furthermore, the powers of the Attorney General extend to a generalized administration role within the Department of Justice.
The most basic powers of the attorney general require the acting individual to represent the United States Federal Government in all legal matters that make it to the Supreme Court. If the matter is not considered of dire importance, the United States Attorney General may direct the US Solicitor General to argue on behalf of the United States government for all legal matters brought before the court.
Members of the government, and more specifically those who operate within the cabinet, are free to seek legal advice from any private attorney in the country; however, private attorneys are not permitted to argue for cabinet officials in front of the United States Supreme Court. As the fundamental powers of the Attorney General, only individuals from this office or the Solicitor General may argue on behalf of public employees in the United States Supreme Court.
Powers of the State Attorney General:
In addition to the United States Attorney General, who works for and represents on behalf of the United States Federal Government, each state government maintains an attorney general position. A state’s attorney general powers are tied into law enforcement; local attorney generals are responsible for enforcing the law in the state where the individual was elected.
Similar to the federal position, the state attorney general will also serve as the government’s chief legal representative, as well as the general counsel, for the majority of the state’s government agencies. Furthermore, each state’s attorney general will manage all legal representation of the state in civil and criminal matters.As the chief legal representative of the state’s government, the attorney general will provide legal counsel to the state and its various agencies. The powers of the attorney general, in a local sense, require the office to enforce the laws of the state in a just and equitable fashion across the body’s entire citizenship. In addition to these powers of the attorney general, the state office will provide a number of fundamental services to the state’s various government agencies.
These core initiatives will range from forensic sciences to telecommunications; the specific powers of the attorney general will vary by state.
