Bold look in the Durable Power of Attorney in a few clicks

Aug 6th, 2022
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How to bold look in the Durable Power of Attorney

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hey there im paul Rabelais im an estate planning attorney and in this video im gonna talk all about power of attorney something just about everybody does hmm often misunderstood so Im gonna lay out really 10/10 critical points that affect people when they either are creating a power of attorney or theyve been appointed by someone else who created a power of attorney so Im Paul Rabelais estate planning attorney help our clients all around Louisiana get and keep their legal affairs in order so first let me go over what is a power of attorney so power attorney is something that just about everybody does when theyre getting all of their legal affairs in order but its a its an instrument or a legal document where you give someone else the authority to transact for you and then were gonna you know dig into some of the details here so I want to give you ten key points about power of attorney the first four are gonna be really more definitions but you need to know the definitions and

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When a power of attorney is durable, it means your agents authority to act on your behalf continues even if you become incapacitated. Durable POAs are often used to prepare for a situation when important decisions need to be made, but you cant make them yourself.
A Power of Attorney Could Leave You Vulnerable to Abuse The agent you select has a fiduciary duty to act in your best interests, but there is essentially limited or no oversight unless it becomes clear that the agent is abusing his or her authority and legal action is taken.
A durable power of attorney (POA) permits someone to make financial or health care decisions on your behalf. Unlike a standard power of attorney, a durable POA allows someone to act on your behalf even if you become medically incapacitated.
Potential Disadvantages of Being a Power of Attorney If you bdocHub your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable.
The durable power of attorney In other words, youd use a durable POA if you wanted to give your agent authority once youre unable to act for yourself. Because of this, many consider a durable POA to be the most powerful type of power of attorney.
There are some potential disadvantages of being a power of attorney. The POA must be able to make serious choices that could involve the persons health and estate. If you bdocHub your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest.
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.
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.

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