Power of Attorney

Published Feb 25, 2025 Updated Mar 13, 2025 Comments (0)

A power of attorney is a document that allows someone to choose another person to make decisions for them. This chosen person can handle legal, financial, or personal matters when the original person cannot do so themselves. The document can give broad or limited powers, depending on the person's wants. People often use a power of attorney to ensure their affairs are handled when they cannot manage them, such as during an illness or absence.

POWER OF ATTORNEY

## DESIGNATION OF AGENT

I, , of , hereby appoint , of , as my Agent (Attorney-in-Fact).

If the person named above is unable or unwilling to serve, I appoint , of , as my Successor Agent.

## TYPE OF POWER OF ATTORNEY

### DURABLE POWER OF ATTORNEY

This Power of Attorney shall not be affected by my subsequent disability or incapacity, or by the lapse of time.

EFFECTIVE DATE: This Power of Attorney is effective:

Immediately upon execution

Only upon my disability or incapacity

#### POWERS GRANTED

I grant my Agent authority to act for me in all matters, including but not limited to:

Financial and Property Powers

Healthcare and Personal Care Powers

Business Operations Powers

Gift-making Powers

Tax-related Powers

Real Estate Powers

Litigation and Claims Powers

Government Benefits Powers

Pay bills and everyday expenses on my behalf

Access and manage digital assets and accounts

Purchase, sell, or manage personal property

Collect debts and demand payment of money owed to me

Other financial powers

What is a Power of Attorney?

Used to legally authorize an individual (the agent or attorney-in-fact) the authority to act on behalf of another person in various matters, typically involving financial or legal decisions. Often, a client will sign a power of attorney over to their lawyer to let them sign documents on their behalf. A POA may terminate under specific circumstances outlined in the document or governed by local laws.

Scope of Authority - Defines the specific actions or decisions the agent is authorized to make on behalf of the principal.
Durable vs. Non-Durable - Determines whether the POA remains valid if the principal becomes incapacitated.
Termination Conditions - Specifies when the POA ends (e.g., upon revocation, death, or the principal’s regained capacity).

How to Get a Power of Attorney

Determine the type of Power of Attorney (POA) needed—medical, financial, durable, or limited—based on specific circumstances and requirements.
Obtain the appropriate legal form from an attorney, legal aid organization, state agency website, or reputable online legal service.
Complete the form with specific details about the powers granted, limitations, and the designated agent (attorney-in-fact).
Ensure the principal (person granting authority) signs the document while mentally competent.
Have the signature notarized, as required in most jurisdictions; some states also require witnesses to the signing.
File the document with the appropriate county office if required by state law, particularly for POAs involving real estate transactions.
Distribute copies to all relevant parties, including the designated agent, financial institutions, healthcare providers, and family members.

FAQs

The Principal: The person who created the POA can revoke it at any time as long as they remain mentally competent.

Courts: Judicial authorities have the power to override, modify, or terminate a POA if:

Evidence shows the agent is acting improperly.
The agent is abusing their authority.
The principal has become incapacitated and the POA arrangement is causing harm.

Healthcare Professionals: Medical providers may temporarily override healthcare POAs in emergency situations.

Family Members: In some jurisdictions, relatives can petition courts to invalidate a POA if they can demonstrate:

Agent misconduct.
The principal was incompetent when creating the document.
The principal was under undue influence when creating the document.

A durable power of attorney remains effective even if that person becomes mentally incapacitated. Unlike standard powers of attorney, which terminate upon incapacitation, the durable designation ensures continuity of decision-making authority through periods of the principal's incompetence.

The 4 Types of Power of Attorney

General: Grants broad authority to the agent to handle nearly all legal and financial matters on the principal's behalf. This type becomes invalid if the principal becomes incapacitated unless specifically made durable.

Limited (or Special): Restricts the agent's authority to specific tasks, transactions, or time periods. For example, it might only authorize the agent to sell a particular piece of property or manage affairs while the principal is traveling abroad.

Durable: Remains in effect even if the principal becomes mentally incapacitated. This type specifically includes language stating it "survives incapacity" and is particularly important for long-term planning and elder care situations.

Medical (or Healthcare): Specifically authorizes the agent to make healthcare decisions on the principal's behalf if they become unable to communicate their wishes. This is often accompanied by an advance healthcare directive or living will that outlines the principal's medical preferences.

Power of Attorney

What is a Power of Attorney?

How to Get a Power of Attorney

FAQs

Discussion

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