The Power of Attorney, or POA, is an essential part of any estate plan. A POA designates an agent and grants them the authority to handle specific activities you designate in this document.
If you are in need of a POA, The KC Estate Planner can help you prepare one based upon your unique needs. The first issue, though, is determining what type of POA you need. There are General POAs, Limited POAs, Durable POAs (which can be either General or Limited), and Health Care POAs. The following is a brief description of each type of POA:
- General POA – grants a designated agent the authority to take action on behalf of the Principal pursuant to state-specific powers of attorney acts;
- Limited POA – grants a designated agent the authority to take action only on items specifically identified by the Principal in the POA;
- Durable POA – grants a designated agent the authority to take action on behalf of the Principal, even if the Principal becomes incompetent or incapacitated. Absent the designation as a Durable POA (whether General or Limited), a POA is revoked and no longer effective if the Principal becomes incompetent or incapacitated;
- Health Care POA – grants a designated agent the authority to make health care decisions on your behalf in the event you are unable to make such decisions on your own.
Let The KC Estate Planner help you determine which of these POAs is right for you. Drafted properly, these documents can also help to avoid putting your family through the unsettling and costly ordeal of having to file for guardianship or conservatorship if you become incapacitated because of illness or injury, or if you are deemed incompetent because of dementia.
It is important to note, you are only able to legally execute a POA while you are considered legally competent and have the ability to exercise sound judgment.
Please contact The KC Estate Planner today about creating a POA to ensure your family isn’t put in the difficult situation of trying to defend the legitimacy of your POA or having to file guardianship or conservatorship proceedings to maintain your financial affairs and personal care. The KC Estate Planner is here to help.