Power of attorney documents can be used for personal or
business reasons. Common uses include authorizing agents to conduct banking
transactions, transfer ownership of titled property, and to become involved in medical
decisions.
People are not allowed to perform tasks that involve another
person's property or possessions unless written permission is provided. The
only way individuals can carry out financial transactions or sign documents for
someone else is by way of POA forms.
The kind of form used is based on the type of duties
involved. Some documents provide sweeping powers which extend for life. Others
grant limited powers for specific tasks and powers are terminated once duties
are completed.
General power of
attorney gives agents broad powers which enable them to carry out multiple
jobs. They are often used by business owners as part of succession
planning and to authorize colleagues to take over in the owner's absence or
to manage financial or investment transactions.
Another use is authorizing a business or individual to act
as their representative in negotiations. As an example, people can hire a tax accountant
to negotiate deals with the Internal Revenue Service or creditors. Or, a
private investor could permit realtors to buy or sell investment properties or work
as their property manager.
In most instances it is unnecessary to file power of attorney
documents with local courts. However, if forms are affiliated with real estate
dealings then chances are they will need to be recorded. Also, a new POA form
has to be filed if privileges are terminated at a later time.
Special power of
attorney is commonly used whenever agents need to perform a limited number
of transactions. Agent privileges are instantly terminated once the tasks are
completed.
Responsibilities can include a range of tasks that can be as
simple as reconciling bank accounts to complex jobs like selling a house.
Generally speaking if a deal or contract requires a legal signature than it's
advisable to create a power of attorney to let another person take care of it
if you cannot.
Medical power of attorney
forms are an essential part of estate planning. These forms let people retain
control of medical choices even if they are unable to communicate. Also known
as a healthcare proxy this form permits agents to participate in health related
matters when a person is incapacitated.
Healthcare proxies provide written directives pertaining to
medical procedures you agree to or oppose. They are often included as part of trust funds and other
types of estate planning strategies. It is important to talk about choices with
your healthcare representative so they can make important decisions that align
with yours.
Most people find it beneficial to discuss their situation
with an estate lawyer and decide the most appropriate power of attorney.
Getting professional advice will ensure you have satisfactory protection in
case the unimaginable takes place.
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