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Aug 6th, 2022
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How to work in detail in the 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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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.
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.
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.
The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.
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.
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.
Unlike power of attorney, a California conservatorship is done through a court order, has more steps involved, and is not initiated by the person whose rights are being transferred. Here the court decides when a person is incapacitated and will benefit from a representative to make decisions.

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