Power of Attorney
A Power of Attorney is a written document by which a person, the Principal, delegates another, often referred to as the "Agent" or the "Attorney In Fact", to administer the Principals affairs.
As Power of Attorney (POA), we serve in accordance with the specific instrument you have already completed for your Durable, Medical or Financial Power of Attorney needs. We stand ready to act upon the disability or incapacity of the principal and will transact on his or her behalf, many times without the need for a full guardianship or conservatorship proceeding.
A Power of Attorney is voluntary and can be canceled at any time by the Principal. If and when an individual desires to revoke their Power of Attorney, it is important the revocation be recorded to protect both individuals.
There are Four Main Types of Power of Attorney:
Temporary in nature, to allow one to act on behalf of someone else in temporary circumstances.
The ability for one to make decisions on someone's behalf after they have been incapacitated.
The ability to make health care decisions on someone's behalf.
Limited Power of Attorney
A limited power of attorney gives someone else the power to act on one's behalf for a very limited purpose. For example, a limited power of attorney could give someone the right to sign a deed to property for you on a day when you are out of town. It usually ends at a time specified in the document.
General Power of Attorney
A general power of attorney is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself. For example, a general power of attorney may give your attorney-in-fact the right to sign documents for you, pay your bills, and conduct financial transactions on your behalf. You could use a general power of attorney if you were not incapacitated, but still needed someone to help you with financial matters. A general power of attorney ends on your death or incapacitation unless you rescind it before then.
Durable Power of Attorney
A durable power of attorney can be general or limited in scope, but it remains in effect after you become incapacitated. Without a durable power of attorney, if you become incapacitated, no one can represent you unless a court appoints a conservator or guardian. A durable power of attorney will remain in effect until your death unless you rescind it while you are not incapacitated.
Medical Power of Attorney
A Medical Power of Attorney can include a grant of authority over personal health related issues, including the ability to make substitute health care decisions. This is a valuable tool for ensuring that the preferences the Principal has stated in the Living Will/Health Care Directive are followed.