Power of Attorney - what type
A power of attorney or letter of attorney authorises a person to act on someone else's behalf in legal or business matters. It can be essential when managing financial affairs for someone else.
Kinds of Power
- Limited or Special - this can sometimes be limited to authority to act in one particular way, for example, buying and selling property. The forms must be drafted in such a way as to ensure that the powers are limited - it is essential to take legal advice. This document may also be appropriate for medical treatment for a child.
- Springing - in some States it is possible to draw up a power that only takes effect after incapacitation of the grantor or some other specific event
- Durable - legal forms which empower a person to continue acting for someone even though incapacitated. In some States this will serve as a living will which will enable that person to make health-care decisions.
- Enduring - you can give specific limited powers. It is designed to carry on if you become incapacitated. There are several ways that this can be written. You can make more than one enduring power of attorney appointing different attorneys to do different things. For example, one person to manage your financial affairs and another relating to your children.
Generally, a power of attorney will become ineffective once the grantor is incapacitated or dies, unless the grantor has made specific legal provision for this eventuality
Printable Power of Attorney forms
There are many sample standard forms available, often for free, for all varying kinds of powers of attorney (either limited, special, springing or durable).
Many standardized forms are available (usually for free) for various kinds of powers of attorney, and many organizations provide them for their clients, customers, patients, employees, or members
What's Legal?
Be sure to check with an attorney what's legal for your State - what works in California, may not be legal in Texas or Florida!
Resources
Living Wills - how to plan for your health care in the event of serious illness or accident
I Quit Work does not offer this as legal advice in any way. Always take professional advice.
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