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POWER OF ATTORNEY

A Power of Attorney is a legal document, typically included in one’s estate planning which allows you to appoint an individual or organization to handle your affairs while if you are unavailable or physically or mentally unable to do so yourself. The person or organization you appoint is referred to as an "Attorney-in-Fact" or "Agent."

A Power of Attorney may be drafted to give specific duties or authority, or broad authority, depending upon the language of the Power of Attorney Document. The more detailed the instructions, authority, or restrictions contained in the legal document are, it increases your ability to ensure your interests and well-being are properly maintained.

The types of Powers of Attorney include:

  • General Power of Attorney: authorizes your Agent to act on your behalf in a variety of different situations.
  • Special Power of Attorney: authorizes your Agent to act on your behalf in specific situations only.
  • Health Care Power of Attorney: allows you to appoint someone to make health care decisions for you if you're incapacitated.
  • Durable Power of Attorney: The general, special and health care powers of attorney can all be made "durable" by adding certain text to the document. This means that the document will remain in effect or take effect if you become mentally incompetent.

Regardless of the type of Power of Attorney, the importance of specifying the authorities, limitations, and restrictions is extremely important, as well as your choice of who to grant Power of Attorney. The "Attorney-in-Fact" or "Agent" has a legal responsibility to act only in the best interest of the individual, individuals, estate, or organization the Power of Attorney was drafted to serve. You may choose to revoke a Power of Attorney at any time, and in the case of physical or mental incapacitation, if a breach of duties is proven, the court may remove "Attorney-in-Fact" or "Agent" and appoint another individual to perform the duties and responsibilities of the Power of Attorney.

A Power of Attorney commonly addresses issues including, but not limited to:

  • Handling banking transactions;
  • Entering safety deposit boxes;
  • Handling transactions involving U.S. securities;
  • Buying and selling property;
  • Purchasing life insurance;
  • Settling claims;
  • Entering into contracts;
  • Exercising stock rights;
  • Buying, managing or selling real estate;
  • Filing tax returns;
  • Handling matters related to government benefits;
  • Maintaining and operating business interests;
  • Employing professional assistance;
  • Making gifts;
  • Making transfers to revocable ("living") trusts;
  • Disclaiming interests (this has to do with estate planning strategies to avoid estate taxes).

Protect your legal rights, make sure you are treated fairly, contact an experience attorney, lawyer, or law firm today!

If you need to explore your POWER OF ATTORNEY options, we urge you to then seek the legal advice and representation of professional legal counsel to ensure your legal rights and options are both protected and aggressively represented.

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