A Powers Of Attorney, sometimes referred to as a POA, is an estate planning document that is used to appoint someone (agent) to manage your affairs. There are different types of Powers Of Attorney. Each serves a different purpose and empowers your agent at different levels. General Power of Attorney A general power of attorney is broad and gives your agent all the rights and powers that you have, you have. The agent can perform almost any task for you, such as opening financial accounts, signing documents for you, or managing finances. When you (chief) are incapacitated, a general power of attorney is abolished, revoked the Powers Of Attorney, or passed. If you were not incapacitated, a General Power of Attorney can be used, but you need someone to help you with your financial matters. This person will have control over your personal matters. Your agent should be someone you can trust and someone you trust. Durable Power Of Attorney A durable power of attorney may be general or limited, but it remains in effect even after being incapacitated. If you do not have a durable power of attorney and are incapacitated, no one will be able to represent you unless the courts appoint someone to be your mentor or protector. The durable Power of Attorney system designates a person to act on your behalf. A durable power of attorney will remain until you move away, unless you vacate the POA under any circumstances. The agent you choose as your durable power of attorney will take control of your medical matters and your personal matters and decisions of finances. Special or Limited Power Of Attorney A special or limited power of attorney gives another person the right to act on your behalf for a minimum purpose. With a special or limited power of attorney, the person you appoint (agent) only has specific powers limited to a particular area. For example, a limited power of attorney agreement may give someone the right to one day sign property for you that you are out of town or cannot participate in. It can also give someone else the power to buy or sell real estate on your behalf. The Powers Of Attorney usually terminates at the time the document is agreed. A special or limited power of attorney can be given to a real estate agent or any other professional that you hire to buy or sell a property for yourself. The risk with an attorney with special or limited power is not as high as it is usually stated in the document as to what needs to be done. The agent is not making many decisions on your behalf whether or not he will be with other types of power of attorney. Springing Durable Power Of Attorney
Like a durable power of attorney, a durable power of attorney can allow your attorney to act for you if you become incapacitated. However, with a durable power of attorney, it is not effective unless you are incapacitated. For example, you can appoint someone to be your Powers Of Attorney. You must be involved in an accident and not be able to decide on your own. If you can get sick then you can choose someone and if you can't then you need someone else to make medical decisions. If you are appointing an agent with a durable power of attorney, the standard for determining your incapacity or the event that triggers the Powers Of Attorney authority should be documented. Powers of attorney is an extremely important estate planning tool. You have to understand the difference in each type of Powers Of Attorney so that you can use each for the purpose of your need. You need to know what your options are. You need to be able to choose your agent or agents carefully. The person you choose will have a lot or total control over your finances, and you have to choose the right person. Knowing which type of attorney you choose, it is necessary to know what each of them is and what they mean. If you have any further questions, please contact us today. We would be happy to answer any questions you are having and make sure that you have the right plan to choose what type or type of Powers Of Attorney you have.
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As we live our day-to-day lives, we sometimes ignore the plan we should have to help protect ourselves, our desires, our possessions, and the people we care for. Huh. However it may not be pleasant to think that planning to ensure your safety in the event of future disability is now smart planning and it can bring great peace of mind. Part of that plan includes creating a Powers Of Attorney (POA). What is a Powers Of Attorney? There are two basic types of POA:
The primary duty of a lawyer is to act in your best interest and if you are able to make the decision yourself then you will act. It is important to know that POA law differs in each province; Terminology and rules differ somewhat among common law provinces and vary considerably under the Civil Code of SA. POA for Personal Care The POA for personal care is written by the legal authority you give, relying on you to arrange for personal care should you be unable to make these important decisions for yourself. Once a person becomes your attorney, they are entitled to make decisions about your health and personal care - so long as you are unable to make these decisions yourself - but cannot make property or financial decisions. If you do not appoint a Powers Of Attorney for personal care, and you need a relative, you will be asked to make these decisions. There is usually a "hierarchy" of relatives, who will be approached to take this role. Therefore, there is a chance that a relative appointed to act on your behalf may not be the person you choose. POA for Property The POA for property is a written legal right given by you in relation to your property and financial assets to another person or trust company.
You can appoint:
What you should be aware of while creating POA To create a POA, you must have a certain level of competence. For example, in SA, "trial" includes the appreciation that the person you appoint as a lawyer may abuse the authority you are giving them. Unfortunately, misuse occurs. POA misuse of property is one of the most common means of committing major financial misuse. What can you do to stop this? Trust is the key. You can help protect yourself and your family by appointing a trusted person or trust company as your lawyer for the property. Make sure your care wishes are met by documenting them and appoint someone you should trust to decide that you should be mentally disabled. Also, if you change your mind about which you appoint as your lawyer, you can cancel the Powers Of Attorney for any reason as long as you still have the ability to give one. Finally, keep talking with your close friends and family members to let them know of any changes in your decision making. Make sure they are aware of what you value and how you define the quality of your life. |
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Jackson Associates Solicitors Belair, South Australia in dealing with Wills, Powers of Attorney, Advance Care Directives and Probate, Deceased Estate Administration services in Belair, SA Archives
November 2020
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