A power of attorney, sometimes abbreviated as POA, is a legal document that grants someone the authority to act on behalf of another person, known as the principal. The person granted this authority is called the attorney-in-fact or agent.
The principal may give the agent broad or limited powers to make decisions and take actions on their behalf, depending on the specific terms outlined in the power of attorney document.
There are various situations where a person may need a power of attorney to appoint someone to act on their behalf. Here are some common examples:
Managing Finances: If an individual is unable to handle their financial affairs due to reasons such as illness, disability, or travel, someone they granted a power of attorney to could do so for them. The appointed agent can then manage bank accounts, pay bills, and handle financial transactions.
Real Estate Transactions: Individuals who are buying or selling property but cannot be present for the closing or signing of documents may use a power of attorney to authorize someone else to represent them in the real estate transaction.
Business Transactions: Business owners may use a power of attorney to designate someone to make decisions on their behalf in business matters. This can be useful when the business owner is unavailable or facing a temporary incapacity.
Healthcare Decisions: A medical power of attorney, or healthcare proxy, allows individuals to appoint someone to make medical decisions on their behalf if they become incapacitated and are unable to communicate their wishes. This is particularly important in critical healthcare situations.
Military Deployment: Individuals in the military may use a power of attorney to grant authority to a trusted person to handle their affairs while they are deployed, ensuring that financial and legal matters are managed in their absence.
Elderly or Vulnerable Individuals: Older adults or individuals with diminished capacity may use a power of attorney to plan for the future. This allows a trusted person to assist with financial, legal, and healthcare decisions as needed.
Travel or Residency Abroad: People who plan to be away from home for an extended period or who reside in a different country may appoint an agent through a power of attorney to handle their affairs locally.
If any of these situations apply to you, you may want to consider creating a power of attorney so your assets and best interests are protected.
Wondering where to start? We can help you create a rock-solid power of attorney that serves your unique interests and needs. Call (940) 594-7754 or email
[email protected] to begin planning your future today. Hunter Sargent, PLLC is knowledgeable in and equipped to deal with the many issues that arise with estate planning.
What Is the Difference Between a Power of Attorney and a Conservatorship?
Many of our clients are familiar with recent news surrounding conservatorships in cases such as the Spears family or the Oher family. A power of attorney and a conservatorship are both legal mechanisms that involve granting authority to someone to make decisions on behalf of another individual.
However, they differ significantly in their nature and initiation. A power of attorney is a voluntary and proactive arrangement wherein an individual, known as the principal, grants specific powers to an agent or attorney-in-fact to act on their behalf.
This arrangement is typically established while the principal is of sound mind and able to make decisions. In contrast, a conservatorship is a court-appointed legal relationship established when an individual is deemed incapacitated or unable to manage their own affairs.
The court appoints a conservator, often a family member or professional, to make decisions related to the person's financial, legal, and sometimes personal matters.
Conservatorships are often more intrusive and involve ongoing court supervision, whereas powers of attorney are based on trust and the principal's proactive decision-making. The choice between the two depends on the specific circumstances, with powers of attorney being preferred when individuals want to plan for potential future incapacity, while conservatorships are established as a protective measure when incapacity is imminent or has already occurred.