A power of attorney (POA) is a legal document that gives the person you choose the power to act instead of you in certain situations. With a general power of attorney, you authorize your agent to act on your behalf in all situations permitted by local law. This includes legal, financial, health and business issues. General POAs may be durable or non-durable, depending on your preference. In case you ever feel mentally incapacitated, you will need what are known as durable powers of attorney for health care and finance.
A permanent power of attorney (DPOA) simply means that the document remains in effect if you become incapacitated and cannot handle matters on your own. Ordinary or non-durable powers of attorney automatically end if the person making them loses mental capacity. For example, a medical power of attorney gives your agent the authority to make health care decisions on your behalf, while a general power of attorney allows an agent to handle your tax and legal affairs. Therefore, you may want to include two or three types of power of attorney in your estate plan. A permanent power of attorney, or DPOA, takes effect immediately after you sign it (unless otherwise stated) and allows your agent to continue acting on your behalf if you become incapacitated.
For example, if you fall into a coma, your agent will retain the authority to make decisions, whether financial or health, and sign the documents on your behalf. A permanent power of attorney automatically ends when you die. You can terminate a durable POA by using a power of attorney revocation form as long as you are competent. A non-durable power of attorney expires if you become incapacitated or die. For example, if you fall into a coma, your agents will lose any authority previously granted.
After that, only a court-appointed guardian or conservator will be able to make decisions for you. A medical power of attorney comes into effect immediately after you have signed it, but it can only be used if the doctor has declared you mentally incompetent. Given the extensive control you give your agent, you may only want to use this type of power of attorney for a short period of time when you are unable to manage your affairs physically or mentally. For example, during an extended period of travel outside the country. A general power of attorney expires when you are incapacitated (unless it is durable) or death. Powers of attorney granted under a general power of attorney may be restricted by state laws.
Unlike a general power of attorney, a limited (special) power of attorney gives the agent the power to act on his behalf, but only for specific purposes. For example, a limited power of attorney may allow someone to cash checks for you. However, this person will not be able to access or manage your finances completely. In this situation, the agent can perform almost any act as principal, such as opening financial accounts and managing personal finances. A general power of attorney agreement ends when the principal becomes incapacitated, revokes the power of attorney, or dies.
Financial POAs can be divided into several different categories: these are the general energy POA, the limited energy POA, and the durable POA. A special or limited power of attorney is used on a limited basis for one-time financial or banking transactions, or for the sale of a particular property. This is most often used when the principal is unable to complete the transaction due to previous commitments or illness and wants to appoint an agent to act on their behalf. The agent has no other authority to act on behalf of the principal other than that assigned to him in the limited power of attorney. So it's a good idea to update your general power of attorney at least every 3 to 5 years just to make sure it's up to date. Permanent powers of attorney help you plan for medical emergencies and impaired mental functioning, and can ensure your finances are taken care of.
A medical power of attorney gives your agent the ability to make health care decisions for you if you are unable to make decisions yourself. The best way to avoid this type of conflict is to appoint a medical power of attorney long before you have any problems. The person you name is usually called your agent or de facto lawyer, although it definitely doesn't have to be an attorney. The last will and power of attorney are powerful and important documents that give you peace of mind and protect your family. The guide covers a selection of 14 topics, providing talking points, important topics for consideration and contact information. A power of attorney allows you to choose who will act on your behalf and defines your authority and limits, if any.
The medical power of attorney gives the agent authority to take specific control over the principal's health care decisions if he or she becomes incapacitated or unable to do so. However, due to the recent increase in identity theft and abuse of power of attorney, many banks and financial institutions will no longer accept powers of attorney older than 3 to 5 years. Non-permanent power of attorney is used only for a certain period of time and usually for a particular transaction where you give your agent authority to act on your behalf. When a brother is named in a power of attorney, there is a possibility of disputes with other siblings. Another important reason for using a power of attorney is to prepare for situations where you cannot act on your own behalf due to an absence or incapacity.
