Work in detail in the Durable Power of Attorney in a few clicks

Aug 6th, 2022
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How to work in detail 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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There are 3 different types of power of attorney: lasting power of attorney (LPA), enduring power of attorney (EPA) and ordinary power of attorney. LPAs came into force in October 2007. Before that, people made EPAs. Its no longer possible to make an EPA, but an EPA made before October 2007 remains valid.
In California, the four primary powers of attorney include General, Durable, Limited, and Medical. Whether youre looking into estate planning, seeking to safeguard your family members living trusts, or ensuring a loved ones wishes are respected, knowing the differences is essential.
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.
A lasting power of attorney ( LPA ) is a legal document that lets you (the donor) appoint one or more people (known as attorneys) to help you make decisions or to make decisions on your behalf.
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.
Your legal responsibilities under lasting power of attorney Acting in the donors best interests and taking reasonable care when making decisions on their behalf. Acting in ance with the terms of the LPA (see below). Helping the donor to make their own decisions where possible, rather than simply taking control.
A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the local council. Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor.
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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