You can appoint any competent adult to act as your agent. By granting a power of attorney (POA) to your agent, you are giving them the authority to make decisions on your behalf. The type of POA you choose will depend on the scope of power you wish to grant. It is often necessary or convenient for someone else to act on your behalf.
A power of attorney is a legal document that allows you to give someone else the right to make decisions and take action on your behalf. The person you give the power of attorney to is known as the agent or proxy in fact. A POA can be used for a variety of purposes, such as selling a car, signing contracts, making health care decisions, conducting financial transactions, or signing legal documents. With few exceptions, a POA can give another person the right to do anything that you could do yourself.
You can choose to grant a broad or limited POA depending on your needs. It is important to note that there are some things that an agent cannot do even if the POA says otherwise. For example, if a bank account is titled only in the person's name, the agent has no power over that asset. Additionally, if a guardianship proceeding has been initiated against your principal, you should consult with your lawyer before taking any action.
When granting a POA, you must specify which powers you are granting to your agent and when those powers will come into effect. You may choose for the POA to take effect immediately or only when a future event occurs, such as a determination that you cannot act on your own due to a mental or physical disability. If you wish to give an agent the power to sell land or transfer title to land in some other way, the POA must be signed before a notary who must note that it was signed voluntarily for the purposes mentioned therein. Anyone planning for an unexpected disability or long-term care should consider granting a power of attorney in case of need.
It is important to consult with your lawyer if you plan to grant someone the authority to make health care decisions on your behalf. By granting a POA, you can ensure that someone else can act on your behalf in case of need.
