- Joel Votolato
Do I need a Power of Attorney?
A power of attorney (POA) is a legal document that authorizes a person or entity to act on behalf of another person, known as the principal. This document is often used in situations where the principal is unable to make decisions for themselves due to illness, incapacity, or absence. The person or entity authorized to act on behalf of the principal is known as the agent or attorney-in-fact.
A power of attorney can be general or specific. A general power of attorney grants the agent broad authority to act on behalf of the principal in a variety of matters, including managing finances, signing legal documents, and making healthcare decisions. A specific power of attorney, on the other hand, limits the agent's authority to a particular matter or transaction, such as selling a specific piece of property.
There are different types of powers of attorney depending on the duration of authority granted. A durable power of attorney remains in effect even if the principal becomes incapacitated, while a non-durable power of attorney terminates upon the principal's incapacity. A springing power of attorney only becomes effective upon the occurrence of a specified event, such as the principal's incapacity.
It is important to choose an agent who is trustworthy and capable of acting in the principal's best interests. The agent has a fiduciary duty to act in good faith and to avoid conflicts of interest. The principal can revoke or modify the power of attorney at any time, as long as they are competent to do so.
A power of attorney can be a valuable tool for individuals who want to ensure that their affairs are taken care of in the event of incapacity or absence. It is important to consult with an attorney to ensure that the power of attorney document meets the legal requirements in your jurisdiction and accurately reflects your wishes.