Power of Attorney

A Power of Attorney (POA) is a legal document that authorizes a trusted person—called an agent or attorney-in-fact—to act on a principal’s behalf. This authority may include managing finances, handling real estate transactions, filing tax returns, and making other important decisions. A POA ensures continuity of affairs if the principal cannot act due to illness, absence, or incapacity.

There are several types of POA, each designed for different needs. A general power grants broad authority, while a durable power continues even if the principal becomes incapacitated. Limited or special POAs restrict authority to specific tasks, and a springing power takes effect only when a defined event occurs, such as a medical determination of incapacity. Multiple agents can also be appointed to share responsibilities and provide checks and balances.

Because a POA carries significant legal and financial implications, it must comply with state law and often requires notarization to be valid. A properly prepared POA can authorize an agent to manage bank accounts, sell property, or make health care decisions in the principal’s best interest. Having the right lawyer draft or review the document ensures clarity, legality, and protection for everyone involved.

Types of Power of Attorney

A Power of Attorney (POA) can be customized to meet specific needs, ranging from managing financial affairs and bank accounts to making medical care decisions. The type you choose determines the scope of the authority your agent—also called an attorney in fact—will have, when that authority begins, and when the attorney ends. Selecting the correct form is an essential part of advanced planning, ensuring your affairs are handled in your best interest should you become unable or mentally incapacitated.

1. General Power of Attorney:  

Grants general powers to your agent to act broadly on your behalf in matters such as real estate transactions, selling property, managing other property, handling insurance policies, filing tax returns, and conducting business with financial institutions. Because this form offers sweeping financial powers, appointing a trusted person who can responsibly manage your property, financial decisions, and affairs is crucial.

2. Durable Power of Attorney:

A durable power remains valid even if the principal becomes incapacitated or loses mental capacity. This type ensures the attorney granted can continue to act without interruption, whether that involves medical decisions, managing bank accounts, handling other instruments, or working with institutions to preserve the principal’s interests. The attorney remains in place until the principal dies or a court rules otherwise.

3. Limited or Special Power of Attorney: 

This restricts the attorney's power to specific tasks, such as one real estate transaction, managing a single bank account, or signing documents for short-term purposes. It is useful when you want to create a new power for a specific project or specific date without granting general powers.

4. Springing Power of Attorney: 

Becomes effective only when a triggering event occurs, such as when the principal is declared mentally incapacitated by a court or medical professional. This type is often chosen for health care decisions or medical care planning, ensuring the agent’s authority takes effect only when necessary.

5. Multiple Agents: 

You can appoint two or more people as agents, either to act jointly or separately. While having more than one agent can provide safeguards when handling financial statements, real property, or other assets, it is essential to include clear instructions in the original document to prevent conflicts.

Why a Power of Attorney May Be Your Best Option

A Power of Attorney is a key part of advanced planning, ensuring your affairs are managed in your best interest if you can't act independently. A properly drafted legal document offers multiple advantages:

• Continuity in Decision-Making: 

A durable power allows your attorney to continue managing your financial affairs, bank accounts, real estate transactions, and other property even if you become mentally incapacitated or lose mental capacity.

• Health and Medical Protection:

You can authorize your attorney-in-fact to make medical decisions, handle medical care, and guide health care decisions if you cannot do so yourself. This is especially helpful in emergencies where making quick, informed decisions is necessary.

• Immediate or Conditional Activation:

With a springing power, your POA can take effect immediately upon a triggering event, such as a court or medical professional confirmation, or start on a specific date for short-term purposes.

• Financial and Legal Oversight: 

Your agent can handle financial tasks such as paying bills, filing tax returns, managing insurance policies, working with financial institutions, and overseeing business matters on your behalf.

• Multiple Agents for Safeguards: 

You may appoint more than one agent to share responsibilities, ensuring oversight when dealing with property, financial statements, or other institutions, while reducing the risk of disputes among family members.

Our 4-Step Power of Attorney Process

We make it simple to establish a Power of Attorney that fully protects your best interests while complying with all legal requirements. From preparing the attorney form to finalizing the original document with a notary public, our process ensures that your agent—or attorney in fact—has the correct authority to manage your affairs.

1. Free Case Assessment:
   We review your situation, discuss your goals, and determine the type of attorney power you need—whether it’s a durable power, general powers, springing power, or a limited arrangement for short-term purposes. This step ensures your form is tailored to your financial affairs, medical care, or real estate transactions needs.
   
   
2. Eligibility & Needs Analysis
   We help you decide on the scope of financial powers, health care decisions, and any other instruments or property matters you want your agent to manage. We’ll also address whether you want more than one agent and how to handle situations if the principal dies, and whether the POA should take effect immediately or only upon a specific condition, such as becoming mentally incapacitated.
   
   
3. Document Preparation & Filing
   Our team drafts your legal document in compliance with state law, ensuring clear instructions on your agent’s authority to purchase, sell property, manage bank accounts, work with financial institutions, and act on your behalf. We prepare the original document for signing before a notary public and ensure all details are correct to avoid delays.
   
   

Ongoing Support & Updates
After your POA is in place, we guide you in storing your original document, notifying financial institutions and other property holders, and making updates when you want to create a new power or appoint another agent. If your circumstances change—such as new business ventures, changes in medical care, or the need to replace an agent—we help you revise the attorney form to keep it valid and enforceable.