Whether you have signed a power of attorney or you are an attorney-in-fact in someone’s POA, you need to know the various aspects.
What Is POA?
A Durable POA is an essential legal document. It gives a trusted person, the right to do certain things for the person giving it. Rights and authorities are mentioned in the POA, and these can be broad or limited. In legal parlance, the person giving the power of authority is termed as ‘Principal’, and the person who has been given the authority is termed as ‘Attorney-in-Fact’ or ‘AIF’.
Uses of Power of Attorney
There are various ways in which a power of attorney can be used. It can be used to give another person the right to sell a car, home, or other property on behalf of the Principal. It can also be used to make healthcare decisions, undertake financial transactions, to sign legal documents that the Principal can’t sign for one reason or the other.
General POA gives the agent or AIF broad power to do almost what the Principal could. When filling out the power of attorney form Arizona, the Principal can choose which power to give to the AIF and which to not. It is often given to someone close and well in advance for the days when the principal might not be able to take care of the things on their own.
An ordinary POA gets terminated when the principal becomes unable to act, e.g. Nervous Disorders. If the POA comes to an end in such a way, it would not be beneficial for the Principal. There would be none to take care of when needed the most. To overcome the issue, there is a legal remedy known as ‘Durable Power of Attorney’. In it, there is an explicit mention that states that power given to the agent or AIF continues to exist even when the Principal is incapacitated. However, like other POAs, it can also be terminated. When you are filling out the power of attorney form in Arizona online, you can choose which type the POA is going to be.
At the time of signing a Power of Attorney, the principal must be of sound mind. However, the durable power of attorney remains valid when the person becomes incapacitated. The principal must understand what he is going to sign at the time of execution of the POA. It may be that the Principal has a complicated mental illness, but when he is in his senses, he could sign the POA to ensure that someone is there to take care of him when the medical condition becomes acute. The durable POA will remain valid, even if they don’t remember signing it. Furthermore, the Principal must know what he is doing, what powers he is giving, and what may be affected by the POA.
Duties of Agent of Attorney-In-Fact
POA gives ample powers to the agent of AIF to act on his behalf in some issues at a time when it is needed the most. Fill out the Power of Attorney form Arizona online and give the written copy to AIF so that they know what they can do or not. If an AIF or agent is not sure whether he can act in certain circumstances, he should talk to the principal or lawyer to clarify. There are many actions that the agent or AIF should never take. For instance, the AIF can’t vote or act as a witness or create or revoke a Will.
10 things you did not know about Power Of Attorney
Power of Attorney (POA) is a legal document that grants someone the authority to make decisions on behalf of another person. Here are 10 things you may not know about the power of attorney:
- Types of Power of Attorney:
- Fact: There are different types of POA, including General Power of Attorney (covers a broad range of decisions), Limited or Special Power of Attorney (limited to specific tasks), and Durable Power of Attorney (remains valid even if the person granting it becomes incapacitated).
- Healthcare Power of Attorney:
- Fact: A Healthcare Power of Attorney, also known as a Medical Power of Attorney, grants an individual the authority to make medical decisions on behalf of the person granting the power if they are unable to do so.
- Springing Power of Attorney:
- Fact: Some POAs become effective only under specific conditions, such as the incapacity of the person granting the power. This is known as a Springing Power of Attorney.
- Revocation of Power of Attorney:
- Fact: The person granting the power (the principal) has the right to revoke or cancel the POA at any time, as long as they are mentally competent.
- Agent’s Responsibilities:
- Fact: The person granted power (the agent or attorney-in-fact) has a legal obligation to act in the best interest of the principal and follow their wishes as outlined in the POA document.
- Financial Power of Attorney:
- Fact: A Financial Power of Attorney authorizes someone to handle financial matters on behalf of the principal. This can include managing bank accounts, paying bills, and making investment decisions.
- Not a Substitute for a Will:
- Fact: A POA is not a substitute for a will. It ceases to be effective upon the death of the principal. For post-mortem decisions, an executor named in the will takes over.
- Not All Powers Are Transferred:
- Fact: Even with a broad General Power of Attorney, certain powers, such as making or amending a will or voting in elections, generally cannot be transferred.
- Requirements for Validity:
- Fact: The requirements for a valid POA, including whether it needs to be notarized or witnessed, vary by jurisdiction. Check local laws to ensure compliance.
- Consider Legal Advice:
- Fact: While you can create a basic POA using templates, seeking legal advice is often recommended, especially for complex situations. Legal professionals can ensure the document meets legal requirements and addresses specific needs.
Understanding the nuances of a Power of Attorney is crucial for both the person granting the power and the appointed agent. It’s advisable to consult with legal professionals to create a POA that aligns with your specific circumstances and legal requirements.
There are many reputed and trusted legal forms sites where a POA can be created. However, lawyers can also help in creating as well.