It can be difficult to think about the future, let alone plan for future events. However, knowing who you may appoint to be in charge of your affairs should the need arise is an important decision to make in your life. Understanding what a Power of Attorney is and how to go about the process is vital.
A power of attorney grants another individual the authority to act on our behalf and make decisions in our place. There exist various types of powers of attorney to cater to different needs. Should you require assistance in making medical choices, we can assist in creating a health care power of attorney, empowering a trusted loved one to make those decisions for you. Alternatively, if you require support in financial matters, we can assist in preparing a financial power of attorney, granting someone the ability to write checks, pay bills, prepare tax returns, and more. As we grow older, it is common to require assistance with these aspects.
We mention in our areas of practice that a power of attorney (POA) allows another person to step into our shoes and make decisions for us. Let’s discuss four different types of POA that can be established.
General: A general power of attorney allows the agent to act broadly on behalf of the principal in the agreement. While this gives the agent the ability to do anything from signing documents to buying and selling real estate, it has limitations. If the principal suffers from mental incapacitation, the POA agreement becomes invalid.
Durable: A durable power of attorney is similar to a general POA. A provision is included so the agent may follow the principal’s instructions even in the case of mental capacity loss. Managing funds and healthcare decisions are among the duties an agent can help with. However, given the principal has no mental incapacitation, they can revoke a durable POA.
Limited or Special: As the name implies, limited or special power of attorney means the agent can only carry out the tasks listed in the POA document. When a principal is unwell or gone from their home, the appointed limited or special POA can step in for only those dictated and allowable decisions.
Springing Durable: While a springing durable power of attorney runs along the same lines as a durable POA, the major difference between the two is that the springing durable POA only takes effect when certain circumstances occur. The agent can act on behalf of the principal in the case of incapacitation. It remains active until a principal can revoke or recover the POA.
By having a power of attorney in place, you can have peace of mind, knowing that a loved one possesses the necessary authority to handle our affairs.
The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at
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