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However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death.
What three decisions Cannot be made by a legal power of attorney? A legal power of attorney does not enable an agent to take over responsibilities from the Principal, make choices after their death, or assign inheritances and assets once they have passed away.
What three decisions Cannot be made by a legal power of attorney? A legal power of attorney does not enable an agent to take over responsibilities from the Principal, make choices after their death, or assign inheritances and assets once they have passed away.
Durable Powers of Attorney can be written to cover two situations: You want the agent to have authority only if you become unable to act for yourself; or. You want the Power of Attorney to take effect immediately and to continue in effect if you become incapacitated.
Risks of a 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.
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However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon 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. An attorney can customize a general POA to limit powers even moreor add powers, Berkley says.
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.

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