What is a Power of Attorney?
A power of attorney is a document in which you state that you give someone else (usually a relative or friend) the authority to make certain decisions and act on your behalf. The person to whom you give these powers is called an “agent” or “attorney-in-fact.” You are called the “principal.” Just because the word attorney is used does not mean that the person you give authority to has to be a lawyer. Executing a power of attorney does not mean that you can no longer make decisions; it just means that another person can act for you also. For example, you may be hospitalized for a brief period of time and need someone to deposit your checks in the bank or pay your bills. As long as you are capable of making decisions, the other person must follow your directions. You are simply sharing your power with someone else. You can revoke the agent’s authority under the power of attorney at any time if you become dissatisfied with what they are doing. The type of power of attorney provided by Lega
A Power of Attorney is written authorization giving someone else the power to act on your behalf. The power may be given for a limited time period or for a specific task. Also, it may be given generally for all business, personal and legal affairs and for an indefinite time period. Another type of power of attorney is called an Advance Medical Directive. This is also frequently referred to as a Living Will. A person signing an Advance Medical Directive is selecting a person to make medical decisions when they may be unable to make such a decision in the future due to their mental or physical condition. The Advance Medical Directive typically includes the patient’s wish to use or to have life-support systems withheld.
A Durable Power of Attorney allows someone you name to carry on your legal, tax and financial affairs if you are unable to do so, without the need for a guardianship proceeding. A Power of Attorney for Health Care allows someone you appoint in advance to make your medical treatment decisions if you are unable to do so, without the need for a guardianship proceeding. A decision to withhold or withdraw life support systems can also be made under this power of attorney. An expression of your desires in this regard is often made in a separate Directive to Physicians, Surrogates or other Family Members.
Power of Attorney (POA) grants a 3rd party (the “Attorney-in-fact”) the right to make legal and financial decisions for you (the “Principal”). POAs can be broad or narrow in what powers the Attorney-in-fact can exercise. A “Durable” POA takes effect immediately and remains in effect even after the Principal is no longer physically or mentally capable. A “Springing” POA only takes effect after the Principal is no longer physically or mentally capable. Having a POA allows a trusted 3rd party to manage your affairs should an illness or accident incapacitate you.
A power of attorney is a document authorizing another person, either a lawyer or non-lawyer, to act as your agent or “attorney” in fact. This differs from hiring an attorney as in that instance, you are asking that person to advise and represent you in legal matters. When you sign a power of attorney, you are permitting that person to act on your behalf in various situations, such as signing papers for you or taking care of your affairs. Power of attorney can be for a specific situation, such as buying or selling a house, or in general to handle all matters. Kansas passed the Uniform Durable Power of Attorney Act which sets the guidelines for powers of attorney and are intended to remain in effect even if you later become disabled or incapacitated (such as becoming brain dead after an accident, or stricken with Alzheimer’s disease).
