power of attorney

As you get older, you may be considering giving a friend or relative your power of attorney so that someone will be legally empowered to handle your affairs in the case of your becoming unable to do so. Getting a power of attorney (or POA) may sound simple enough, but the process and the reasons behind having one can get complicated. This means you should investigate the three types of powers of attorney.

 

General/Durable Power of Attorney

The most common is a general or durable power of attorney, which allows you to give another person broad powers over both your legal, financial and medical decisions. You can decided specifically which affairs your POA can execute. The person holding your power of attorney then becomes your agent and may act on your behalf.

 

Healthcare Power of Attorney

A healthcare POA restricts your agent to making choices only about your medical situation. This person does not have the power to handle your legal affairs or finances.

 

Springing Power of Attorney

A springing power of attorney is also known as a conditional power of attorney. This document takes effect only when certain conditions are met. Usually those conditions refer to you becoming mentally or physically incapacitated. While a durable power of attorney goes into effect immediately after signing, this type only “springs” into effect if or when you are temporarily or permanently incapacitated. You may specify which affairs your POA has the ability to execute.

 

Durable or Springing POA?

Some people choose a springing power of attorney because it may seem to give fewer possibilities for abuse than a durable POA but this is not necessarily true. If you are feeling trepidation over handing the reins of your life to another person, you should ask yourself whether you have doubts about this person’s trustworthiness. If you are not sure that the potential agent has your best interests at heart, then you should not be giving them your power of attorney at all.

 

One of the safety features built into a springing power of attorney is that you are not giving the power of attorney to anyone unless certain conditions are met, usually if you become incapacitated. You can require that a letter from your healthcare provider is required before activating the springing power of attorney.

 

Ask for Expert Help

The best way to get the right power of attorney for your personal situation is to consult with a lawyer who is skilled in estate planning. This expert can guide you in structuring your POA and choosing the right agent.

 

Along with a will and advance healthcare directive, a power of attorney is one legal document that everyone should have, but do be aware that your POA may not be honored everywhere. Federal government agencies, including the Veterans Administration and the Social Security Administration, do not recognize powers of attorney. This is another reason that you need the services of an expert in estate planning to be sure that you have a POA that will give you peace of mind and protect your assets.

Leave a comment below and be sure to live your most comfortable life! Angella Signature

7 thoughts on “What You Need to Know About a Springing Power of Attorney

  1. We owe $59,413.00 on the house. We refinanced in 2002 and in May of 2012 I found out that our interest rate was 9.160%. I have tried modification but have never been approved for a reduction in interest rate. We
    have had the house paid off once and refinanced in 2002. About the time I decided to retire from my work
    of 18 years, Chase raised the House payment to $792,00 a month. With this interest rate we are paying
    very little on the principle and most on the interest. I also new it would be hard to make that House payment
    when retired. I know we do not owe much but I could use some help or advise.

    • Angella Conrard

      Hello, I am sorry to hear about your situation. I recommend you call a housing counselor and attain counseling. The counselor will be able to look at your unique situation and either help you apply or direct you to programs that may be of service to you. Try debthelpers.com or http://www.makinghomeaffordable.gov as resources. Some agencies do charge a fee for the counseling but it will be well worth the advice. They will also look for local and federal programs for you. Good luck! I hope this helps. You have my deepest warm thoughts. 🙂

      • Angella Conrard

        Here is the government counseling site. Please be sure to ask about the services that are provided by the agency. Each agency is government approved but not all agencies do all types of counseling. For example, some may do loan modification and some may not. http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm

  2. ROBERT R GRAY JR

    THANKS FOR THE INFORMATION ANGELLA AND ALL OF YOUR HELP IN THE PAST. I TRULY HOPE U HAVE A MERRY CHRISTMAS AND A GREAT NEW YEAR.

    • Angella Conrard

      My pleasure Robert, Merry Christmas to you and yours. 🙂

  3. Ervin Kruse

    When a person dies and he has a given a power of attorney to someone that power also dies I assume. Then the estate will will take over. There surely must be someone directed to administrate the estate in the persons Will. Right?? Thnx for your response.

    • Angella Conrard

      Please consult your legal expert on your personal situation. My understanding is you can appoint a second person to be power of attorney in the event that the first person dies or cannot follow through with their duties. An executor of your will can be someone different than your power of attorney. Wikipedia defines and executor as “a legal term referring to a person named by the maker of a will or nominated by the testator, to carry out the directions of the will.”

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