Add line in the Durable Power of Attorney

Aug 6th, 2022
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How to add line in the Durable Power of Attorney

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[Music] This is what everyone needs. So first thing and in my opinion it is the most important type of document that an Estate Plan must cover and should have in it and that is your Powers of Attorney. Why is that? When youre alive these documents are in effect unlike a Will that only comes into effect when you die. So when you are alive youre thinking well I dont need any Estate Planning documents, Im alive. Well if youre alive and fine, youre probably right, but part of what we do with Estate Planning is trying to make sure that weve thought through the what-ifs. What if something happens to me? What if something happens to your spouse? What if something happens to somebody you care about? Who is going to be able to speak for them and make decisions and when I say what happens to the person, I mean it could be a car accident, it could be a stroke, you know, it could be maybe an older family member that has dementia. Things happen to people during

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While you arent financial liable, as the attorney-in-fact, youre still the point of contact for the principals debts. Creditors have a right to attempt to collect the funds that are owed. They dont, however, have a right to harass you.
In rare cases, a POA can be abused by an agent who tries to take advantage of their power over your affairs, which is a crime, ing to the National Center on Elder Abuse. Thats why its so important to choose an agent you completely trust to act responsibly.
A Power of Attorney Could Leave You Vulnerable to Abuse Because of the potential that an agent could take advantage of you or steal from you, it is very important that you select the right person to act as your agent.
The proper way to sign as an agent is to first sign the principals full legal name, then write the word by, and then sign your name. You may also want to show that you are signing as an agent by writing after the signature: Agent, Attorney in Fact, Power of Attorney, or POA.
What three decisions cannot be made by a legal power of attorney? A power of attorney cannot change or invalidate a will, act outside of the principals best interest, or violate the terms of nominating documents, and cannot make decisions on behalf of the principal after their death.
It is a good idea to have an alternate power of attorney. This person will make decisions for you if your first choice is no longer available or does not want to act as your power of attorney any longer. They will only act as your POA if your first choice is not willing or able to serve.
The agent may be given broad or limited authority to make decisions about the principals property, finances, investments, or medical care. POAs can be financial or they can pertain to health care. Both provide the attorney-in-fact with general or limited powers.
Expect to sign with your full name, followed by the appropriate nomenclature, such as attorney-in-fact. Here are common formatting styles you may see: Jean Norman, attorney-in-fact for Morgan Spencer. Morgan Spencer, by Jean Norman as POA.

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