Do I Need a Lawyer to Create a Power of Attorney?

Do I Need a Lawyer to Create a Power of Attorney?

A durable Power of Attorney for finances can be drafted so that it goes into effect as soon as you sign it or you can specify that the power of attorney does not go into effect until a doctor certifies that you have become incapacitated.

A durable power of attorney for finances grants your chosen representative the legal authority to act on your behalf for financial issues. This person may be referred to as your agent or as an attorney-in-fact. They are required to act in your best interests.

You can delegate authority to any or all of the following: 1) file and pay your taxes; 2) collect Social Security, Medicare, or other government benefits; 3) buy, sell, maintain, pay taxes on, and mortgage real estate and other property; 4) use your assets to pay your everyday expenses and those of your family; 5) invest your money in stocks, bonds, and mutual funds; 6) manage your retirement accounts; 7) transfer property to a trust you've already created; 8) handle transactions with banks and other financial institutions; 9) buy and sell insurance policies and annuities for you; 10) operate your small business; and 11) hire someone to represent you in court.

The agent is required to act in your best interests, maintain accurate records, keep your property separate from theirs and avoid conflicts of interest.

A durable Power of Attorney for finances must be signed, witnessed, and notarized. If your agent will have to deal with real estate assets, some states require you to put the document on file in the local land records office. The power of attorney for finances is typically extinguished upon death, revocation, or divorce, if the power of attorney was granted to the ex-spouse.

A durable Power of Attorney for healthcare designates the person who will make medical decisions for you in an emergency. Even though you may have set out your wishes in your healthcare directive or Living Will, such documents cannot cover every possible situation. Your agent will make decisions that are not covered by your healthcare directive, but can never contradict their terms.

In order to create a power of attorney for healthcare, most states only require that you be an adult and be competent when you create the document. This document takes effect when your doctor declares that you lack the capacity to make your own health care decisions. The power of attorney for healthcare is generally only extinguished upon your death, revocation by you or a court, or upon divorce if the power of attorney was granted to the ex-spouse.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.