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Power of attorney: your legal framework for entrusting your affairs to a different person

Whether we like it or not, we can't predict what the future holds for us. But we can still try to be prepared for it, planning for your estate, end-of-life, and other matters. And that's when a power of attorney (POA) comes into play.

This legal document grants people the authority to act on your behalf in the event of mental or physical incapacitation or absence. Setting up this document ensures that a trusted person will carry out your wishes the way you want if you become impaired or simply not around. You can use this document to convey instructions as simple as paying bills while you travel or as complex as titling property.

What are the types of power of attorney?

There are different types of POA; each accommodates a specific need. In terms of how long POAs stay effective, we can divide them into two types:

  1. Non-durable becomes invalid as soon as the principal is incapacitated.
  2. Durable POA remains effective even after the principal cannot make decisions independently.

Depending on the kind of affairs you want to entrust, your power of attorney can be of the following types:

  1. General Power of Attorney deals with the extended scope of powers, which mainly involve financial matters, that the principal grants to an agent.
  2. Limited POA, as the name suggests, instructs the agent to make decisions spelled out in the document and not to go beyond this scope.
  3. Medical Durable Power of Attorney appoints health proxies whose primary responsibility is deciding how to treat the principal according to that person's wishes.

Things to watch out for when creating your POA

Your POA must be drafted, signed, and notarized to be legally binding, following state law requirements. If you move to a different state, your document will still be valid, but to be on the safe side, we recommend you update it and use the POA form of your new state. The task of carefully choosing and appointing your agent is paramount. And, of course, you can always cancel the powers granted to your agent by using the Revocation of Power of Attorney form.

How to get and complete the appropriate Durable Power of Attorney template

Legal paperwork requires accurate completion and compliance with federal and applicable state laws to be valid. You'll need solid and costly professional expertise to compose it from scratch, and surfing the web for verified legal templates takes considerable time. We offer a better solution for you here!

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Durable Power of Attorney FAQ

What is a durable power of attorney in Missouri?

Under Missouri law, and the law of many other states, a power of attorney with proper wording may be made “durable.” This means that the power of the agent to act on the principal's behalf continues despite the principal's incapacity, whether or not a court decrees the principal to be incapacitated.

What powers does a power of attorney have in Massachusetts?

You can make several different types of POAs in Massachusetts. In particular, many estate plans include two POAs. a financial POA, which allows someone to handle your financial or business matters, and. a medical POA, which allows someone to make medical decisions on your behalf.

What is a durable power of attorney in Massachusetts?

A Durable Power of Attorney is a legal document in which you appoint a person you trust, called an "Attorney-in-fact", to manage your money, property and financial matters if you become disabled or incapacitated and are unable to effectively manage your financial matters yourself.

What are the disadvantages of a durable power of attorney?

Ends with Your Death – In the event of your death, a durable power of attorney will no longer be valid. This document is not a replacement for the last will and testament or trust. It Can be Revoked or Not Honored at Any Time – Due to the lack of court oversight, not everyone honors a durable power of attorney.

What is the difference between a power of attorney and a durable power of attorney in Massachusetts?

There is a difference between a general power of attorney and a durable power of attorney. A durable power of attorney is a document whereby one person appoints another person to act as his or her attorney-in-fact. The person serving need not be an attorney so, to some extent, the term “attorney” is a misnomer.

What is the most recommended type of power of attorney?

For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more—or add powers, Berkley says.