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Power of Attorney to get extra financial and legal help when needed
A Power of Attorney (POA) is a legal document that allows you to appoint a person or organization to manage your affairs if you become unable to do so. The person or organization you choose, known as your "agent" or "attorney-in-fact," will be able to make decisions on your behalf, such as handling your financial matters, making healthcare decisions, or entering into legal agreements. It's an essential tool in estate planning, ensuring your desires are fulfilled when you're unable to act on your own.
There are generally four types of Power of Attorney: General, Durable, Special (or Limited), and Medical. A General POA gives broad powers to your agent to act in your stead. A Durable POA remains in effect even if you become incapacitated. A Special or Limited POA is for one-time or specific transactions. A Medical POA, also known as a healthcare power of attorney, allows your agent to make medical decisions on your behalf. Each type serves different purposes and can be tailored to suit individual needs.
The average cost of a power of attorney varies from $150 to $500. TemizTrust is a cost-effective solution, providing an intuitive online platform for crafting personalized wills and trusts, and powers of attorney. Our platform allows you to save on legal fees while still ensuring your estate plan is comprehensive and legally sound.
A power of attorney requires the principal, or the person granting the power, to be at least 18 years old and mentally competent. The document must clearly state the powers granted to the agent, who will be acting on the principal's behalf, and must be signed by the principal. Importantly, the document must be notarized or signed by at least 2 witnesses, who themselves must be over 18 and cannot be the agent or the notary.
A Power of Attorney becomes effective as soon as it is signed and notarized, unless specified otherwise in the document. Some people choose to have a "springing" Power of Attorney that only becomes effective under certain conditions, typically when the principal becomes incapacitated. In such cases, the document will detail the specific circumstances under which the Power of Attorney springs into effect. It's important to understand these conditions and ensure they are clearly defined in the document.
Yes, a Power of Attorney can be revoked at any time, as long as the principal (the person who granted the power) is mentally competent. To revoke a POA, the principal needs to send a written notice of revocation to the agent (the person who was given the power) and any institutions or parties that were aware of the Power of Attorney. It's also recommended to retrieve any copies of the POA from the agent to avoid misuse.
An Attorney-in-Fact or Agent can have broad or limited legal authority to make decisions on the principal's behalf, depending on the type of Power of Attorney. They can manage financial and business transactions, make healthcare decisions, settle claims, and even make gifts of money. However, they must act in the principal's best interest, carry out their duties faithfully, and avoid conflicts of interest. It's important to note that the authority of an Agent ceases if the principal dies.
No, it's not necessary to have a lawyer to create a Power of Attorney. TemizTrust makes it possible to create a legally valid Power of Attorney without a lawyer. Our platform guides you through the process, ensuring that the document reflects your wishes accurately.
TemizTrust is not a law firm, and does not provide legal advice. While TemizTrust strives to ensure that its automated services are complete, they are meant purely as self-help forms. The materials and services are not substitutes for the advice of an attorney.