Advantages of having a power of attorney
Full Answer
Why everyone should have a Power of Attorney in place. A Power of Attorney is a legal document that allows a trusted person to manage your affairs if you are unable to. There are some common misconceptions about who can manage your affairs if you were unable to.
The leaflet includes advice on:
Why make an enduring power of attorney? By making an enduring power of attorney, you are choosing who you want to manage your financial affairs, even if you lose mental capacity. If you lose mental capacity, without an enduring power of attorney in place, there may be no one with the legal authority to manage your financial affairs.
Choosing someone to hold your power of attorney and specifying that it will operate even if you lose capacity ensures that you have a plan in place for administering your financial and personal affairs if you are ever unable to do so.
Using an attorney to draw up the POA will help ensure that it conforms with state requirements. Since a POA may be questioned if an agent needs to invoke it with a bank or financial services company, you should ask an attorney about prior experience in drafting such powers. You want to select someone not only familiar with state requirements, but also with the issues that can arise when a power is invoked. This way, the attorney can use language that will make clear the full extent of the responsibilities that you wish to convey.
A durable POA begins when it is signed but stays in effect for a lifetime unless you initiate the cancellation. Words in the document should specify that your agent's power should stay in effect even if you become incapacitated. Durable POAs are popular because the agent can manage affairs easily and inexpensively.
How a Power of Attorney (POA) Works. Certain circumstances may trigger the desire for a power of attorney (POA) for someone over the age of 18. For example, someone in the military might create a POA before deploying overseas so that another person can act on their behalf should they become incapacitated.
A power of attorney (POA) is a legal document in which the principal (you) designates another person (called the agent or attorney-in-fact) to act on your behalf. The document authorizes the agent to make either a limited or broader set of decisions. The term "power of attorney" can also refer to the individual designated ...
How to Get a Power of Attorney (POA) The first thing to do if you want a power of attorney is to select someone you trust to handle your affairs if and when you cannot. Then you must decide what the agent can do on your behalf, and in what circumstances. For example, you could establish a POA that only happens when you are no longer capable ...
This POA comes into play only when a specific event occurs—your incapacitation, for instance. A springing power of attorney must be very carefully crafted to avoid any problems in identifying precisely when the triggering event has happened.
Having a Power of Attorney allows you to plan before there is a crisis. You don’t want to wait until you are unconscious from an accident or have progressive memory loss. It will be too late then, and you won’t be able to prepare one at that time.
Having a Power of Attorney in effect protects your financial and real estate interests, your health, and even your manner of dying. If you don’t have one in place, your family will be forced into time-consuming delays that can also be costly.
If you are creating a POA in preparation for a situation where you may become incapacitated, such as a car accident or health condition, you will most likely want a durable financial and a medical Power of Attorney.
A Financial Power of Attorney gives your agent authority to act on your behalf in financial matters. You have the authority to choose which financial matters you want your agent to have. Financial POA’s can be durable or non-durable, depending on what you choose. Some items you may consider for a Financial Power of Attorney include:
Without a Power of Attorney, you may be left with no one to represent your interests in financial matters, business, or health decisions. Or maybe there would be too many people with opinions, which may not be in alignment with your own, to come to an agreement with your health and affairs.
There are times when you may need a Limited Power of Attorney to delegate someone to act on your behalf now and then expire in a set amount of time. This kind of Power of Attorney is often used during Real Estate transactions when the buyer cannot be present. A Limited Power of Attorney acts only in a temporary set of circumstances.
Then you will want to create separate financial POA and medical POA documents.