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Gone are the days when someone asks us to fill out the power of attorney form. It is because they need to complete the documentation to allow someone to act on their behalf. Of course, all people in their lives might come across the phrase “power of attorney”.
But they just have a hazy idea about it. Let us have a detailed description of the power of attorney and its types.
So, what actually is power of attorney?
The power of attorney is simply a document that gives authority to any specified person to act on behalf of the respective individual. The person to whom the power is given acts as their “agent” or “attorney-in-fact”.
The power of attorney symbolizes that the agent can act on their absence or on their beside. It doesn’t mean that the individual cannot take decision anymore. They can revoke at any time if the agent is not under their control.
Legal Services has provided specific power of attorney for the Elderly. It is the durable power of attorney. In this case, the agent can take decisions when the individual is bedridden.
The agent is committed to make decisions and use money and property only for the individual’s benefit. Let us know the powers given to the agent by the individual after signing the power of attorney form.
- They can spend the individual’s money, cash checks, and withdraw money from the bank accounts.
- They have the right to sell the individual’s property.
- They can enter into the contracts by behalf of the individual.
- They can pursue insurance claims and legal actions.
Before indulging in the power of attorney process, it is essential to have detailed knowledge about the below two concepts.
- Choosing an agent
- Revoking an agent
First, choosing the agent is the most important thing as it deals with giving the power to the individual. The agent ought to be chosen by the individual has certain responsibilities.
One among them is to follow the instructions of the individual who is about to give him/her the power. As the agent has the right to sell the property and cash dealing, it is essential to give the power to someone whom the individual has trust.
Before choosing the agent, the individual should be aware of these things enlisted here.
- Agent’s Loyalty
- The understanding between the individual and the agent
- Financial knowledge
The agent must have the idea of keeping his money separately from the individual’s money in order to avoid money clashes. Keeping a record of the individual’s money dealings still sounds better.
At the same end, the agent cannot gift or transfer the individual’s money to himself unless specified by the individual in the power of attorney. If the individual has chosen their spouse as the agent, then the property can be gifted to him/her. But it is not applicable to others even to their children.
Second, the main thing after giving power of attorney is revoking it. In some cases, the individual may not feel comfortable with the power given to the agent. They can revoke the power just by typing the statement by including the following details.
- Name and date
- Proving that an individual has done it in sound mind
- Delivering the information that the individual is wishing to revoke the power of attorney
- Date of original attorney execution
- Agent’s name
- Signature of the individual
After getting the copies, it is necessary to handle it to the agent and to any other liable institutions. After the process, the individual is free to use their property without someone else on their behalf.
What does the attorney general do?
When the new president has been appointed in the U.S., many positions are ought to fill in. one among the position is the attorney general. The position is also referred to as “the top cop.”
Actually, the main role of the attorney general lies in representing the government in all legal matters. i.e. they act as the power of attorney in the government matters.
He/she has been nominated by the President and confirmed by the U.S. Senate. And, when the president wishes him or her to relieve from the position, they are liable to do so and leave the office at any time.
Attorney general remains the head of the Department of Justice and chief legal counsel to the president as well. He can enforce federal laws and provide legal counsel in cases.
He also interferes in the executive departments and heads up penal institutions and federal jails. When needed, he/she is liable to give their opinion and suggestions to the president and the executive heads.
He represents the U.S. in the Supreme Court during exceptional importance. In addition, he serves as the Cabinet of the president of the United States. The longest-serving state attorney general was Frank J. Kelley. He served for 37 years from 1961 to 1998. He also earned the moniker “Eternal General”.
Other than the mentioned duties, the principal duties of the attorney general include the enlisted ones.
- Represent the U.S. in legal matters.
- Direct the administration and the operations of the boards, divisions, and bureaus that comprise the Department.
- Furnishing the president on legal matters.
- Managing the recommendations to the president to federal judicial positions within the department including U.S. attorneys and U.S Marshals.
The attorney general sets guidelines for the criminals depending on their types under the FBI and Federal Marshals pursue. He/she can indulge in injustice cases including crime, drug trafficking, illegal immigration, and other important cases. He also has to report the President regarding the functionality.
Types of the power of attorney
Though the attorney has the power to control the individual’s affairs over to another person, there are plenty of uses in the position depending on the situation.
The reason behind the situation lies in the power of attorney. As it is transferred from the individual to relinquish the affair control. Depending on the situation, the types of power of attorney (POA) has been split up into the following ones.
- Durable POA
- Non-Durable POA
- Springing POA
- Special or Limited POA
- General POA
- Healthcare POA
It is similar to non-durable POA. But, the durable POA continues when the individual is incapacitated or mentally ill. All POA ends when the individual dies, but the durable POA starts from that point only.
The durable POA is often used in the ill cases that too when the individual is at the urge of terminal health. It opts when the individual asks the agent to allow the lifesaving equipment to be removed or authorize it as a Do Not Resuscitate.
The durable point of attorney does not have to set time period and it becomes effective immediately after the death of the individual. It does not expire after the individual’s death.
Compared to the other POA, the non-durable POA is used for short term transactions. It denies the handling of the individual.
Any such POA that is non-durable has an expiry date and primarily the individual becomes incapacitated for any particular reason. And, in addition, the individual can no longer give permission for the continuation and at the same end, the individual cannot revoke it.
Usually, the non-durable POA is liable to a certain period in which the deal needs to be ended in the given time. When the time is over, the power comes back to the individual itself. And, the non-durable POA is effective immediately.
Springing POA is used when the individual is inactive to give permissions either verbally or through writing too. In order to make the springing POA active, the agent has to get doctor certification in this case.
The doctor certification should indulge in saying that the individual is incapable to think by themselves and thus an agent is required in this case. The springing POA is used predominantly in cases of sudden mental illness or in accident cases.
There are three main types in which the power of attorney has been assigned. But, the POA does not grant permission to the individual’s affairs. Instead, it gives the financial status toward the agent. The springing POA can be differentiated using the special or limited POA types enlisted below.
Unlike the non-durable POA, the special or limited xxx is used in specific cases including the financial dealings or a specific property sale. Though an agent has been appointed, they have no control in the individual’s life apart from the particular sector they have been charged with.
General POA is one among the broad types of power of attorney. It grants someone with the generalized authority in handling their affairs.
The person whom the individual decides to act as their behalf can handle a variety of tasks, including entering contracts or buying or selling real estate too.
When the individual is gravely ill, they have the right to decide the kind of medical treatment they are ending up with. Healthcare or medical POA is one of the best POA which authorizes the agent with the ability to make the type of medical treatment given to the individual.
There might be any situation that indulges to decide the type of treatment ought to make for the individual. Hence, it is necessary to have a trusted agent in the healthcare POA cases.
Many medical POA is durable and hence it can be taken into consideration that the individual is mentally ill to communicate their decisions.
If the individual wishes to have an agent in this case, then he/she has to consult it with the lawyer and walk with each step that helps them to choose the best agent using healthcare POA that includes perfect documentation too.
The role of the trust attorney is to build trust in the individual’s behalf. The trust attorney is the person who can provide with relevant legal documents that helps in whomever the individual names as the trustee.
The trustee is the person who is in charge to manage the trust. The individual can name the lawyer as the trustee too. The concept of trust attorney is useful in cases of large or complex estates or when you wish to ensure the trustee is an impartial third party.
It is easy to find the trust attorney easily by hiring them from the best source. If the individual is indulged in creating a trust, then it is the smart idea to either have it created or reviewed by the perfect trust attorney. There are specific reasons to create trust. Those reasons have been enlisted below.
- It neglects the individual’s family to go through probate.
- It tries to lower the individual’s estate taxes.
- It eliminates naming the guardian of a minor or specifying the individual’s last wishes.
- It helps in dictating the individuals’ beneficiaries when they receive their inheritance.
The expectancy from the trust attorney varies from one person to another person. Creating the trust must ensure the individual that they have been in the right place and thus will be even after their death.
By hiring the best trust lawyer, the individuals are confident about their decision and they will put in court when there is any occurrence of dispute.
The trust may not contain any last wishes or information about the child’s guardian and thus the individual still needs to create a will that covers all the bases of the individual.
When the individual has been planning for later years, the decision will go longer. The main purpose of hiring the trust attorney is to give the individual’s children a supportable life even after the death of the individual.
When it comes to things like housing, income, and healthcare, the individual shall be very careful in making decisions beforehand. With the type of planning, it is better to ask the advice of the expert trust attorney to make the wise decision that benefits the individual’s family too.
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