subject: Do You Know How to Utilize a Durable Power of Attorney [print this page] Do You Know How to Utilize a Durable Power of Attorney
The power of attorney is a legal document that authorizes an individual or establishment to act on financial and business matters affairs of an individual noted as the principal. The individual or organization that receives authority is called the agent or the attorney-in-fact.
The durable power of attorney is known as such, since the attorney-in-fact would continue to have authority and act on the part of the principal, even if the principal becomes incapacitated. Though the durable power of attorney has such characteristic, it is still essential for the document to state that it would remain valid even if the principal becomes incapacitated or disabled.
The durable power of attorney can be of assistance in instances when the principal is seriously ill, disabled, and if their property is modest but do not need arranging fund trusts or guardianship. This is in addition favourable for married couples whose account is joined.
The durable power of attorney is also called the healthcare power of attorney. In many circumstances, the health care power of attorney is different from the agent who would oversee financial and business matters. The attorney-in-fact who is given the durable power of attorney is required to make decisions connected with the principal's health like stopping life support or performing surgery.
Laws on how the power of attorney should be created are different on each state. As an example, in South Carolina, the preparation for the power of attorney is the same as planning a will. In California, notarization in the documents is significant but this might not be the case in some states. This is why it is important to have knowledge on legal matters and employ legal assistance when creating the document.
A possible problem with the durable power of attorney is that the principal may not want the attorney-in-fact to take specific liberties. The principal could specify in the document what specific decisions the durable power of attorney can make. Aside from that, the document could specify that the durable power of attorney could take effect in the event the principal becomes disabled.
The durable power of attorney could cover different choices and responsibilities, apart from healthcare choices, like:
- Providing gifts that can play a leading part in estate tax planning.
- Accessing safe-deposit boxes.
- Signing tax returns, IRS documents, and settling tax disputes.
- Pursuing legal matters or judicial proceeding on the part of the principal.
- Collecting benefits from health and other insurances on the part of the principal.
- Arranging or amending trust funds.
- Revoking the power of attorney.
Laws covering the power of attorney vary in each state. As an example, if the attorney-in-fact is the spouse and they split, the power of attorney is finished. The court can also rule the document to be invalid, especially if the principal is shown to be incompetent when the document was signed. The principal could easily revoke it, as long as he is mentally sound.
The power of attorney could be terminated if the attorney-in-fact becomes incompetent, unavailable or dies. To avoid problems, the principal could identify an alternate attorney-in-fact and state it in the document. Make certain to name the situations when the alternate would assume responsibility.
