Despite our best attempts to do so, we cannot all predict what will happen to us in this life. Becoming a power of attorney might help you feel more at ease while dealing with potential uncertainties. This article offers a guide on how to become a power of attorney and how to get power of attorney.
Powers of attorney can be helpful for older individuals and those who wish to select a dependable person to act on their behalf in case they cannot.
Continue to read to learn all you need to know.
Table of contents
- What is Power of Attorney?
- What Does a Power of Attorney Do?
- Types of POA
- How To Get a Power of Attorney
- 1. Choose Your Agent
- 2. Make an appointment for a consultation with a family law or probate attorney.
- 3. Decide the level of power you want to give your Agent.
- 4. Obtain A Power Of Attorney Form
- Do-Not-Resuscitate (DNR)
- Disposition of Remains Instructions
- 5. Finalize and Sign Your Documents
- 6. Give A Copy Of Your Poa Form To Your Agent And Other Interested Parties
- 7. Keep Your POA Forms In A Safe Place.
- 8. Update your POA as your circumstances change
- FAQs
- Conclusion
- References
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What is Power of Attorney?
A power of attorney, often known as a POA, is a legal instrument that enables you to give another person the authority to act on your behalf.
This individual is referred to as your agent or proxy. When a person can no longer decide independently, POAs often appear. Anyone can have an unforeseen illness or injury.
Power of attorney (POA) documents give someone the authority to decide on your behalf regarding your family, money, and health care, even if you cannot do so. Therefore, choose a representative whom you trust completely.
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What Does a Power of Attorney Do?
The POA grants the attorney-in-fact (also known as “agent”) the authority to handle your affairs. Depending on the POA you designate, an attorney-in-fact will only be able to handle certain matters until the agreement expires or you pass away.
Depending on the POA you choose, an attorney-in-ability fact to decide takes effect at various periods.
Types of POA
There are several types of POAs. We have outlined some of the main differences between these types below;
Health Care Power of Attorney
To provide an agent the authority to make choices regarding one’s health, the principal must sign a health care POA or durable power of attorney for health care.
This agreement often referred to as a healthcare proxy, sets forth the principal’s approval to provide the agent POA rights with an unfavorable medical situation.
To protect the principal’s interests, the POA for health care is required by law to supervise medical care choices. Therefore, it comes into effect when the principal cannot decide regarding their health.
Financial Power of Attorney
The financial POA is a legal document that gives an agent the authority to handle the principal’s business and financial affairs, including signing checks, completing tax returns, mailing and depositing Social Security checks, and managing investment accounts if the principal loses their capacity for comprehension or decision-making.
To the best of their abilities, the agent must carry out the principal’s intentions, at least to the degree specified in the agreement as the agent’s responsibilities.
A financial POA offers the designated person extensive control over a person’s bank account, allowing them to sign cheques, make deposits and withdrawals, and create or modify beneficiary designations.
Durable Power of Attorney
The durable power of attorney is valid only when the individual wants someone else to act on their behalf. A non-durable POA expires upon revocation or earlier than the set expiration date. But what will happen if the agent gets incapacitated? Will the poa it still be effective?
In this situation, the principal would desire that the POA continue in effect even if they lose the ability to speak.
General Power of Attorney
A general power of attorney gives an agent considerable authority to manage the business of a principal. The agent, or the person assigned to act on the principal’s behalf, has several responsibilities.
The duties include purchasing or selling real estate and establishing business contracts on the principal’s behalf.
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Limited or Special Power of Attorney
Limited or special powers of attorney are the best options for someone who wants to restrict the agent’s authority.
The extent of the agent’s authority must be specified in as much detail as possible before the limited power of attorney is signed and notarized. It is essential to consult a legal advisor if someone is unsure of the remarkable power of attorney that should cover what.
How To Get a Power of Attorney
Having a POA helps you plan and designate someone you can trust with the responsibility of managing your affairs if you cannot do so. You can immediately carry out your power of attorney by doing the following eight steps:
1. Choose Your Agent
Your agent must generally be 18 years old, following state law. However, this varies by state as some demand older. It cannot be your healthcare provider (like your doctor). Additionally, it’s a good idea to consider the following while selecting an agent:
- You believe they will work in your best interests.
- Can make challenging judgments.
- Will respect your preferences, even if others don’t.
- Lives nearby geographically. Depending on your circumstance or condition, your agent may need to remain present for weeks or months to help handle your affairs. If everyone involved lives nearby, the procedure is typically more straightforward for everyone.
You will often appoint one agent to have decision-making authority over your affairs if you want to execute a broad power of attorney. You can designate two distinct agents if you execute different powers of attorney for financial and medical matters.
Before executing your POA, communicate with your designated agent (or agents) to confirm their willingness to assume responsibility.
If you want them to feel confident making choices for you when the time comes, be upfront and honest with them about your preferences for your medical care and financial concerns.
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2. Make an appointment for a consultation with a family law or probate attorney.
To assist you with the procedure, choose a family or probate lawyer. They distinguish themselves from other attorneys by concentrating on an elder, estate planning, and probate law.
An expert lawyer can help you with any necessary paperwork preparation and provide essential guidance.
Hire a person who emphasizes empathy, comprehension, and worth. Your attorney will collaborate with you and your family to address critical legal matters and explain the laws that impact your choices and their ramifications.
3. Decide the level of power you want to give your Agent.
Once you’ve chosen your agent, you must determine how much control you want to grant them over your affairs. Which financial and healthcare choices would you like them to make on your behalf?
These choices might consist of:
- How you are treated by a doctor, what drugs you take, etc.
- What medical professionals are handling your treatment.
- The places you obtain medical treatment.
- How to handle medical bill payments.
- How to manage your real estate assets, such as your house.
- Choosing whether to put money into the stock and bond markets.
4. Obtain A Power Of Attorney Form
You should complete the form when you know your chosen POA. You can choose from a few options:
Medical Directives
Physician’s directives are directives you provide to your healthcare professional. They can give precise advice on handling particular medical occurrences and therapies you’re prepared to do.
Mental Health Statements
This order empowers someone to decide regarding their mental health. If you’ve had serious mental health disorders, it’s smart to include this clause in your POA.
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Without written HIPAA authorization, hospitals are not permitted to divulge your medical information. For your agent or proxy to get access to it, fill out a blank HIPAA authorization and affix it to your power of attorney (POA).
Do-Not-Resuscitate (DNR)
A DNR can communicate this wish if you don’t want to stay on life support. You can also specify the situations in which you would like to remain on life support.
Disposition of Remains Instructions
Finally, you can communicate your desired method of disposal for remains to your medical team, family, and agency. You can choose, for instance, whether you want to be buried or cremated, receive a funeral, or give your organs to science.
Use a POA form that your state provides. Most states offer free blank power of attorney forms. It can be complicated to change these templates to suit your needs. Use a POA template found online.
Several businesses offer online power of attorney forms. Before downloading your papers, you usually must provide your details and pay the price. Use software that is available online for free.
You may make a living will or a durable financial power of attorney using a free service (which includes a healthcare power of attorney).
5. Finalize and Sign Your Documents
Your POA document must be signed before a notary public in most states. Additional witnesses or your agent’s signature are also needed in some states.
Because they are more difficult to contest, printing and signing your document is crucial. Bring an actual copy if you plan to see signatures and notarizations.
6. Give A Copy Of Your Poa Form To Your Agent And Other Interested Parties
Your healthcare providers, doctor’s office, and any family members who would need to be notified in an emergency are all potentially interested parties for a medical power of attorney (such as your spouse).
Parties interested in financial power of attorney might be your bank and official departments.
7. Keep Your POA Forms In A Safe Place.
Your POA should be kept in the exact location as your other estate planning papers, such as your will and living will.
This might be kept in a safe deposit box, a fireproof safe at home, or the office of a reputable lawyer. For your loved ones to find these documents in an emergency, it’s a good idea to let them know where they are.
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8. Update your POA as your circumstances change
A power of attorney cannot be “edited” or changed. If you need to make modifications, cancel the previous POA paperwork and establish a brand-new one.
When you do this, notify your original agent that you are rescinding their power of attorney. Additionally, if you have a new POA, file it with the third parties that have your POA on file and inform them of the revocation.
FAQs
If you are the donor and are mentally competent, you may apply to register the LPA by yourself. Anyone designated as your attorney may use it to register the LPA. Whether or not you have lost mental capacity, they can still do this at any moment.
A universal power of attorney gives the agent broad decision-making authority. If you choose this option, the individual will have the most discretion to manage your assets and oversee your care. The agent’s authority is constrained to certain assets under a limited power of attorney.
A Power of Attorney can be obtained at any time. You should get one as soon as possible if you are at least 18 years old and mentally capable.
A general power of attorney is adequate until it is withdrawn until you become mentally incompetent or pass away. A lasting power of attorney lasts until it is revoked or the donor’s death unless there is a restriction.
Conclusion
To be legitimate, POA paperwork must adhere to state legal criteria. They frequently also need to be notarized and include the agent’s acknowledgment. Although the document must be legitimate in the state where you live when it is prepared, it will still be recognized even if you move.
To avoid future issues or misunderstandings, revise your POA paperwork in compliance with the new state regulations if you move to a new state.
A court may be required to intervene and appoint someone to act on your behalf if you lack a POA and cannot handle your affairs. Don’t let the courts intervene in your circumstance – they can be costly, uncertain, and slow.
References
- contractscounsel.com – How to Get Power of Attorney
- freewill.com – How to Make a Power of Attorney
- investopedia.com – Power of Attorney (POA): Meaning, Types, and How and Why to Set One Up
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