Frequently, individuals envision a power of attorney (POA) as a person you designate when you are close to death. When you create your will, your lawyer will provide you with papers to appoint a power of attorney. One common misconception for many people is that they think their spouses have the proper access to their important personal and financial information if something happens to them. This is not entirely true because joint assets, such as a house, cannot be sold without consenting, both parties first. For example, your wife is having a difficult time with paying your home, and she decides to sell it, she wouldn't be able to unless permission is granted from a designated power of attorney.
What is a power of attorney and why do we need one? A power of attorney is a person who is authorized to make either financial or medical decisions on your behalf while you are alive. Though many adults are capable to make sound decisions on their own, sometimes they may want additional help in case of a serious illness, or deemed incompetent to make choices on their own. A power of attorney form is signed and notarized to appoint a trusted family member that acts as and in place for the individual in set certain areas.
The most common type of power of attorneys is called a durable power of attorney. They handle financial, medical, and personal matters without any additional authority. There is often a second person to act as an attorney- in- fact, in case the first person is unable to continue his duties. Sometimes, each attorney- in -fact- may handle a designated duty such as one may handle financial matters while the other may handle only medical. The length of being a power of attorney varies on the situation. In cases where there is a person with a mental impairment or learning impairment a power of attorney may handle decisions over several periods of time. An individual who becomes sick and is incapable of making important choices, the power of attorney goes into effect when they are deemed incompetent until he, or she passes on or recovers. When an individual passes on, their will becomes intact.
Another common reason to use a power of attorney is if you are somewhere for several months, and you need someone to help manage things while you are away. A power of attorney is an excellent choice to assist you when needed. For example, an executive will be out of the country for a period of several months, he or she will need someone to take care of things at home or at work. This would not be possible without the assistance of a power of attorney.
These are just a few reasons why we could use the services of a power of attorney. In case if an unexpected event occurs, our individual needs will be tended to. We are not left to worry about how our situations will be taken care of again.
A Power Of Attorney Form
All 50 of the U.S. states have a Power of Attorney form that you can use to give one or more person(s) the right to act on your behalf, which you can limit to one specific activity, situation, and/or event in the future. Also, if you wanted you could empower someone to act on your behalf for a variety of tasks.
A Power of Attorney can be either immediately effective or it can be exercised exclusively on the occurrence of an event in the future. In the Power of Attorney you may specify whether the right to act on your behalf is temporary, continuous or permanent.
If later on you decide you want to revoke the Power of Attorney given to the declared person(s) you can do so. You will need to file a form called a Revocation of Power of Attorney form. Some states may require a "revocation copy" along with your Revocation of Power of Attorney form. A revocation copy is a copy of your original Power of attorney form with "REVOKE" written in large letters at the center top and then signed plus dated.
You may be wondering why it might be necessary to give anyone else the power to act on your behalf. Consider this, what if you were buying assets and you couldn't be there that day, your declared Power of Attorney could make that legal transaction for you on your behalf. A Power of Attorney is not simply for convenience though. What if you were incapable of acting on your own behalf because of an illness, unconsciousness, or because of an accident; your Power of Attorney could make those vital, life-saving decisions, and have the directive along with the legal authority to inform the medical staff of your healthcare wishes. Some people get more specifically what is called a Healthcare Power of Attorney form that empowers someone to act on your behalf just for a medical situation/event.
In some situations where you are unable to manage your own personal or business affairs, and you don't have a Power of Attorney, then the court may appoint someone to act for you. You will not have a say as to who maybe appointed. However, if you have a Power of Attorney the right to choose a person to act on your behalf and the authority given to them is totally up to you.
If you have not yet filled out a Power of Attorney form, it is about time you started thinking about getting one. It will remain valid as soon as you sign it and it will stay valid until you die or when you revoke it.
Both Joe Cline & Nicholas Copernicus are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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Nicholas Copernicus has sinced written about articles on various topics from Estate Planning, Legal Matters and Cars. "Securing Your Future With a Power of Attorney" is brought to you by Legal Forms Bank .Biz where you can download your state's legal forms online. Download your state'. Nicholas Copernicus's top article generates over 90500 views. Bookmark Nicholas Copernicus to your Favourites.
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