What is a Power of Attorney (POA)?
Power of Attorney (POA) is a smart idea to establish when you need assistance making decisions allowing another person to have the power to act on your behalf if you are incapable of making decisions. The agent chosen as the Power of Attorney can be a loved one, friend, neighbor, religious leader, or even a lawyer, the agent is defined by you. A POA can be limited as it is based entirely on your decision to provide medical and financial control.
You do have the choice to establish Durable POA. A Durable POA allows the agent to act on your behalf and they will continue to make all decisions for you if you become incompetent or have other situations occur such as military deployment or disability. Establishing a POA is one of the best ways to provide you with peace of mind in knowing your affairs will be taken care of by your trusted agent.
How to Obtain Power of Attorney
If you need to designate a POA, contact our Layton Law Firm. We provide assistance in dealing with POA depending upon your situation. The first step you need to take is to select an agent. It is important to choose a person who you feel will make the same decisions you would make if you were still in sound mind and capable of doing so. The individual chosen must be at least 18 years of age. If you would like, you can select multiple co-agents to work as a team and make the decisions.
Before you select the Power of Attorney, consider speaking with your chosen agents. You want to discuss the responsibility with the agents and discuss your terms and wishes. Having a conversation with your agents early on can help to ensure your wishes are carried out. A POA needs to be signed in the presence of a notary or witnesses.
Obtain a Power of Attorney for a Parent or Relative
If you need to seek out power of attorney for a loved one, you will need to sign a durable Power of Attorney in the presence of a notary or witnesses. Loved ones often obtain Power of Attorney when their parent is hospitalized, in hospice, or in a nursing home.
If you have a loved one that is suffering from Alzheimer’s, you may need to provide a letter from a physician that states they are in a state of mind to understand what they are signing when they agree to the Power of Attorney. It is important to speak with an attorney in Layton to discuss your needs and to obtain a Power of Attorney.
