subject: When To Get A Power Of Attorney [print this page] A power of attorney can be a crucial role in keeping financial affairs in order when things go wrong in your life. A power of attorney is a person that acts in your behalf in legal decisions. A power of attorney can be appointed in a couple of different ways. The first is that you have a health care that will not allow you the mental capacity to make good legal decisions for yourself any longer such as if you developed alzheimer. Before the health care can make you unfit to make decisions, you appoint a power of attorney to look after your legal concerns.
These can include real estate, health care power, financial affairs, general power and other things. The power of attorney grants that person the legal right to act in your name as if you were the person signing the papers or whatever else needs to be done. The other way for a power of attorney to come into play, is if a person is in a serious accident and may not be in a position to make those important legal decisions for themselves. In cases such as these, the proof of incapacity of the person injured must be provided and a power of attorney is put in a position to act for that person. This is known as 'springing power of attorney'.
Becoming a power of attorney is not an easy decision to make. When a person becomes a power of attorney they are taking responsibility for the legal decisions and choices of another person. Power of attorney is most often invoked when a person knows that their mental health is declining or when a person has a terminal illness. Becoming a power of attorney gives a person lasting power over legal affairs.
A power of attorney becomes a public guardian for the person they are acting for. They may be required to make decisions about real estate, health care directive, and possibly many other important legal decisions. When springing power of attorney is used, it is most often used in a general power type format. However, if giving of the power of attorney is planned, then there can be limits to how much power is given and over what. In cases where this is the case, then a power of attorney only has the power which has been specified such as over health care concerns or over real estate.
In some cases, the power of attorney has been passed on orally instead of by the usual method of a written document. The courts of law will generally honor an oral power of attorney but if you need a bank or a hospital to recognize a power of attorney as being valid, then you must have it in writing signed by all valid participants. It is also important to remember that a power of attorney does not need to be a legally trained attorney. A power of attorney can be just about any body as long you trust them to look after your affairs well.
