A document that speaks for you when you can't speak for yourself.

Caution
This is a very powerful tool and important decision. Very carefully choose your agent, the person who will act on your behalf.
 

A POWER OF ATTORNEY IS...

• Sometimes called a POA or DPOA (Durable Power of Attorney)
• A written, legal document
• Your legal authorization for someone else to act on your behalf.
• A chance to preserve your voice, make your wishes known, when you can't speak for yourself.
• Valid until cancelled, until an expiration date or until you die.
• Simple or complex, depending on your circumstances and wishes.
• Not the same as a guardianship, which requires going to court, a finding of necessity and court supervision of the guardian.
• Still needed even if you have a health care proxy, which are only good for persistently unconscious and vegetative states and for the immediate needs of the situation.

Terms to Know...
 

• Principal - The person who gives or authorizes another person to act on his behalf.
• Agent-The person to who the power is given, the person acting on your behalf. Sometimes an agent is called an "attorney in fact."

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Types of POA's

• Simple POA
  • Signed in front of a notary public
  • Automatically ends when the principal dies or becomes mentally incompetent
• Durable POA
  • Signed in front of two witnesses and a notary public
  • Automatically ends when the principal dies
  • Does not end if the principal becomes mentally incompetent
• Springing POA
  • Signed in front of two witnesses and a notary public
  • Automatically ends when the principal dies or is no longer under a disability
  • Does not go into effect UNTIL the principal becomes incompetent or is unable to speak for himself
  • A doctor determines competency, but in the POA you can establish a test to guide the doctor.
  • Does not allow the power to be used until the principal is unable to conduct business for himself
  • Is most useful for seniors or someone facing a serious illness
  • May be combined with a Durable Power of Attorney
• Health Care or Business affairs POA
  • Signed in front of two witnesses and a notary public
  • Automatically ends when the principal dies
  • Does not end if the principal becomes mentally incompetent
  • For a limited purpose or circumstance

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Examples of when to use a POA

• When parents  must leave their children with relatives or others for a period of time and a consent to medical care is needed.
• When a spouse cannot be present at a real estate closing.
• When an older person may wish a relative to conduct business for them.
• When a spouse will be out of town for a period of time and the other spouse may need to bring a lawsuit or enter into a contract.
• When faced with a serious illness and the possibility of a period of not being able to conduct business.
• When faced with a serious illness and you want someone to make medical decisions based on your instructions.
• When planning for your senior years.