Generally
With a Power of Attorney an individual acting as a principal empowers
an agent to act on the principal's behalf generally in matters of a financial
nature. The agent selected must be trustworthy as the agent is empowered to
handle the principal's assets. It is only effective during the principal's life.
The principal can revoke the Power of attorney at any time as long as the
principal remains competent. For many people a Power of Attorney is an important
legal document which can save them and their loved ones from complications
and expense in a variety of situations. One of the most important features is
its ability in many cases along with a Living Will to avoid the expense and
emotional issues inherent in starting a legal action for Guardianship
against an obviously incompetent spouse or parent.
There are a variety of different kinds of power of attorney.
General vs. Limited
A general Power of Attorney allows the agent to do virtually anything of a
financial nature that the principal can do. A limited Power of Attorney limits
the powers of the agent to specific powers.
Durable Powers of Attorney
The incapacity or incompetence of the principal generally revokes the
Power of Attorney unless it contains language addressing the disability of the
principal. A Durable Power of Attorney can either contain language
providing that the Power is effective immediately and remains effective upon the
disability of the principal or the that the Power is effective only upon
disability. Each has distinct advantages.
Generally A Durable Power of Attorney
which is effective immediately will usually be recognized by third parties in
dealing with the agent. One that becomes effective only upon disability may be
questioned by third parties as to whether the principal is disabled--but usually
must be accompanied by a report of the principal's treating physician stating
that the principal is disabled.
Compared to Guardianship proceeding these
documents are generally an efficient and cost effective way to deal with the
uncertainties of advancing age or illness.