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One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
A general durable power of attorney grants a named individual (called the attorney-in-fact or agent) the authority to act on your behalf with respect to whatever matters are designated within the document. This requires the document to be clear, concise and carefully drafted to meet your needs.
But wait, just so you know, you can make a relative your patient advocate through the Durable Power of Attorney for Health Care or you can tell a relative they can make your health decisions for you if you are sick or injured.
Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.
Choose a General Power of Attorney if you need someone to manage various aspects of your affairs. Opt for a Special Power of Attorney when you require someone to handle specific transactions, offering more control and lower risk of misuse.
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