Slide outline in the Durable Power of Attorney

Aug 6th, 2022
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How to slide outline 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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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.
A standard POA automatically becomes invalid if the person who made it (the principal) becomes mentally incapacitated. On the other hand, a Durable Power of Attorney remains in effect even if the principal becomes mentally incapacitated.
For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even moreor add powers, Berkley says.
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the durable power of attorney continues to be effective despite your subsequent disability.
A power of attorney is a legal document that allows someone else to act on your behalf. A power of attorney can be helpful to older people and others who want to choose a trusted person to act on their behalf when they cannot.
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.
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 is one that either takes effect upon or lasts after the principals incapacitation. This is different from a general power of attorney, which would terminate at this point.

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