There are two kinds of durable powers of attorney: a durable power of attorney for finances lets you name someone to manage your financial affairs if you become incapacitated, and a durable power of attorney for health care allows someone to make medical decisions for you if you are no longer able to speak for yourself.
Preparing these two documents, along with a health care directive -- more commonly known as a living will -- that sets out your wishes for medical care, ensures that your health and financial matters will stay in the hands of trusted people you choose. You should have your durable power of attorney for finances notarized, and in some cases, witnessed as well. If social distancing makes it difficult for you to finalize your documents, read about your options for witnessing and notarizing documents during the COVID outbreak.
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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. There are several types of power of attorney. Among the most common are special, general, and medical power of attorney. It may specify control over a specific set of issues, like business decisions or tax returns, or drafted to refer to a specific illness.
Likewise, a healthcare power of attorney provides a narrow scope of authority with respect to allowable medical treatments. A general power of attorney ends the moment you become incapacitated. There is no automatic deadline by which these powers expire. Find local attorneys. A limited power of attorney gives someone else the power to act in your stead 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. 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. 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.
Like a durable power of attorney, a springing power of attorney can allow your attorney-in-fact to act for you if you become incapacitated, but it does not become effective until you are incapacitated. If you are using a springing power of attorney, it is very important that the standard for determining incapacity and triggering the power of attorney be clearly laid out in the document itself.
Read more. How to Handle Sibling Disputes Over a Power of Attorney When one sibling is named in a power of attorney, there is the potential for disputes with other siblings. X Need more information? How often would you like to receive Updates? Once a week More than once a week. Cancel Subscribe. Related Articles and Subscriptions.
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