A LegalShield Provider Attorney can help clarify what a POA is, the different types of Power of Attorney, and why a Power of Attorney might be important for you and your loved ones.
Why is a Power of Attorney essential?
A Power of Attorney (POA) is a legal document that allows someone else to make decisions on your behalf, acting as your agent for matters such as financial and healthcare. This can be especially important in unexpected situations where you might be unable to manage your affairs or make crucial decisions, such as legal or financial matters or important healthcare issues.
Different types of power of attorney
Now that we have discussed the importance of having a POA, it is essential to know the various types available. Each type of POA serves a specific purpose and offers certain levels of authority to your agent.
1. The Limited Power of Attorney
As the name suggests, a Limited POA grants someone the authority to act on your behalf for a specific purpose and for a specified time. This type of POA ends once the task is completed or after a certain date.
Example: An author may use a Limited POA to allow their agent to cash checks made payable to the author during a specified time, ensuring that the agent can deduct their commission and pass on the remainder to the author. Another scenario could be appointing someone to sign a property deed on your behalf while you’re on vacation.
2. The General Power of Attorney
A General POA provides a broader scope of authority, enabling someone to handle nearly all your affairs. This type of POA is useful when you need someone to manage your financial matters comprehensively.
Example uses of General POA:
- Collecting debts
- Applying for government benefits
- Managing financial and business matters
- Buying, selling, or making investments
- Claims and litigation
A General POA can remain in effect until you revoke it or you pass away.
3. The Durable Power of Attorney
A Durable POA remains effective even if you become incapacitated. This type of POA ensures your agent, whether for financial or healthcare , can continue to act on your behalf if you are unable to do so.
Example: If you have been diagnosed with a disease that affects mental capacity, a Durable POA would allow your agent to manage your affairs once you are no longer capable.
4. The Springing Power of Attorney
A Springing POA only takes effect upon the occurrence of a specific event. It’s crucial to clearly define what will trigger the POA in this document.
Example: If you serve in the U.S. military and are scheduled for overseas deployment and duties which may place you in a situation where you become incapacitated, a Springing Power of Attorney can stipulate that your designated agent can act on your behalf.
Durable vs. Non-Durable Power of Attorney
What’s the difference between a Durable and Non-Durable Power of Attorney? The main distinction between them lies in their duration of effectiveness.
- A Durable POA can be active immediately upon signing and continues to be valid even if the assignor becomes incapacitated.
- A Non-Durable Power of Attorney gives authority for someone else—your agent—to make decisions for you, but only within certain limits. In addition, with a Non-Durable Power of Attorney, it ends if you become incapacitated.
Having a POA in place is about more than just legal protection—it’s about peace of mind. By ensuring that your affairs are managed, you can safeguard your future. Yet, we know that understanding the various aspects of a Power of Attorney can raise many questions.
To help clarify some common concerns, we’ve answered frequently asked questions about of Power of Attorney and how they can impact your legal and financial planning.
Frequently asked Power of Attorney questions
What is the definition of Power of Attorney?
A power of attorney (POA) is a legal document that allows someone to act on your behalf. The person authorized to act on your behalf is your attorney-in-fact or agent. It can provide authority related to financial matters, or to make healthcare decisions depending on the type of POA. Each state has laws governing Powers of Attorney. You should discuss these issues with an estate planning attorney and determine how you want them addressed in your estate planning. Please contact your provider law firm for assistance.
Can you provide Power of Attorney examples?
For example, if you’re traveling abroad and need someone to manage your finances, you can give them a Limited Power of Attorney to handle your bank transactions. Another example is using a Durable Power of Attorney to allow a family member to make healthcare decisions if you are no longer able to do so yourself.
Are there disadvantages to a Power of Attorney? If so, what?
Yes, there are some potential disadvantages to a POA, including:
- Potential for abuse: This is the most significant disadvantage because it directly affects the principal’s financial, legal, and personal well-being. If the agent misuses their authority, they could drain financial accounts, sell property without consent, or make detrimental decisions. Prioritizing safeguards, such as choosing a highly trusted agent and including clear limits on their powers, can mitigate this risk.
- Loss of control: For individuals who value maintaining autonomy over their decisions, even while incapacitated, this is another critical drawback. A POA gives the agent authority to make decisions that the principal may not necessarily agree with, especially if they had a sudden health event and can no longer communicate their preferences.
- Lack of oversight: Since most POAs don’t require ongoing reporting or accountability from the agent, this can lead to unchecked decisions that could be damaging. While abuse is the extreme case, even well-meaning agents could make poor choices without any formal oversight.
- Challenges in revoking: Revoking a POA when you’ve lost mental or physical capacity could become a legal battle. Family members or loved ones may need to get involved, and this process can be costly and time-consuming. Preemptively planning for regular reviews of your POA arrangements could reduce this risk.
Can I have more than one Power of Attorney at the same time?
Yes, you can designate different agents for different purposes. For example, you might have one agent for financial matters and another for healthcare decisions.
What decisions cannot be made by a Power of Attorney?
A Power of Attorney cannot grant authority to an agent to make:
- Personal decisions, like marriage or divorce: Decisions such as getting married or divorced must be made personally by the principal.
- Voting in public elections: An agent cannot vote on behalf of the principal in elections, as this is a personal right.
How much does a Power of Attorney cost?
Each state has laws governing Powers of Attorney. Some legal service providers offer flat fees, while hiring a private attorney may be more costly. Our LegalShield personal legal plan lets you get consultation and assistance from a provider law firm that includes having that firm draft your Power of Attorney at no additional cost. Explore LegalShield personal plan options.
Now that you have a better understanding of the different types of Power of Attorney, the next step is ensuring you have the right legal protection in place. The action you take today can bring peace of mind for the future.
Articles on the LegalShield.ca website are for informational purposes only and do not constitute legal advice or opinion in any manner. Laws mentioned in the articles vary from province to province. Any links to third-party sites in our articles are for general information purposes only and LegalShield is not affiliated with, nor does it endorse, the content of linked sites. It is always advisable to seek legal counsel—and LegalShield can help.
