posted
Dag? UofULawguy? Others with relevant knowledge or experience? Does a person just file notorized, signed forms and submit them to somebody at the court house, or is it necessary to appear before a court, or what?
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It's not all that interesting really--I was just talking about it with coworkers today, and nobody really had a clue. I figured that Hatrack would.
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Hm...what's the difference between the different types? Is General an overarching one that covers everything else?
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posted
I should think it'd be worth a few hundred bucks to consult a lawyer in your state concerning. In any case, I'd only establish a power of attorney in the event I were incapacitated or out of the country or otherwise unable to act for myself.
Posts: 2010 | Registered: Apr 2003
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quote: Is General an overarching one that covers everything else?
I don't think so - I'm pretty sure it doesn't automatically grant medical power of attorney, although I'd suspect the same instrument could be used to create both kinds.
A transaction-specific one for a real estate closing I couldn't attend required a notarized form signed by me and the designated agent. Very standard, no muss, no fuss.
I don't think any of them require going before a judge, but the actual procedures will almost certainly vary from state to state. Witnesses will be required, and some states may require very specific language.
But really, except for the notarization, it's not much different than signing a lease or executing another document.
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My mother has power of attorney papers for her friend. They allow her to get information about and pay bills, access her friend's bank account, sign for medical attention for the girls, and deal with the schools. AFAIK, all they did was have the papers drawn up by an attorney and they both signed them in front of a notary.
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I know that the medical and the financial power of attorney are separate, it may depend on the state. I bought the Quicken Willmaker computer program for like $40. It is a great program, when I did my research it seemed like the best option short of seeing an attorney, and my life isn't that complicated so I decided it would do for now. I really like it and I have made all sorts of legal forms for both financial and medical things, plus a will, of course. If I typed in your state, Noemon, it would sort of tell me what the process would be if you were interested. Or I could perhaps email you a copy of mine if you wanted to see an example.
Posts: 1990 | Registered: Feb 2001
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I had to give power of attorney to my parents when I went on my mission, so that they could take care of my student loan deferments/credit cards/ and all sorts of other fun stuff.
We pulled up a form off the internet, had a friend who is a lawyer look it over, modified it a bit, and then signed it in front of a notary public. My mom kept the original and sent certified copies of it to the banks. It was really very easy.
Getting her to give it up when I got back was a different story...
Posts: 862 | Registered: Oct 2003
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It looks like my durable power of attorney for financial management was 9 pages when I printed it off the computer after typing a few answers to questions. Then I signed it in front of a notary and he notarized it. Pretty easy, I did that at a UPS Store, they have a notary there most of the time.
The medical proxy was much shorter, I just had two people witness it and sign it, it was very easy.
*Sigh* I only finished the last of these documents the day before Kamacon, last August, and since then my computer died, losing all my computer data, and I've moved, and some of the information has changed, so one day I'll have to sit down and redo a lot of these forms. The medical proxy one should be ok as is, though.
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Oh, and the Quicken program gives explanations for everything. Like, how likely is the document to be challenged, and so on. Here is just a bit of the information:
quote: The Document's Validity
It's reasonable for someone to want to make sure that your durable power of attorney is still valid and hasn't been changed or revoked. To reassure other people, your attorney-in-fact can show that person the power of attorney document. To lay any fears to rest, it clearly states that any person who receives a copy of the document may accept it without the risk of legal liability -- unless he or she knows that the document has been revoked. Laws in many states also protect people who rely on apparently valid powers of attorney. For example, an Indiana statute states that a written, signed power of attorney is presumed valid, and a third party may rely on it. Other states have similar laws.
As a last resort, the attorney-in-fact can sign a sworn statement or affidavit in front of a notary public, stating that as far as he or she knows, the durable power of attorney has not been revoked and that you are still alive. Most states have laws that make such a statement conclusive proof that the durable power of attorney is in fact still valid.
3. The Powers Granted
Any other person who relies on a durable power of attorney must be sure that the attorney-in-fact has the power he or she claims to have. That means the person must examine the document, to see what power it grants. The Quicken WillMaker Plus power of attorney document is very specific about the attorney-in-fact's powers. For example, if you give your attorney-in-fact authority over your banking transactions, the document expressly states that the attorney-in-fact is empowered to write checks on your behalf. Your attorney-in-fact can point to the paragraph that grants that authority, so a doubting bank official can read it in black and white.
An attorney-in-fact who runs into resistance should seek, politely but insistently, someone higher up in the bureaucracy.
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I really appreciate the offer Theca! I'm not needing to get that specific though--really this was just an idle question, so no need to go to the trouble for me. Thanks though!
Posts: 16059 | Registered: Aug 2000
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posted
A General Durable Power of Attorney is a document that gives broad powers to the person you name to act in your behalf in all legal matters, i.e. all matters that would normally require your signature, such as financial or real estate transactions, etc. You can design it so that it only comes into effect if you are ever incapacitated, or you can have it start immediately. You can also give it an automatic ending date.
A Special Power of Attorney is for a specific, limited purpose. For example, you might want to buy some property, but you don't know exactly which, and you want somebody to be able to shop around and then make the purchase in your absence. They have power to do that one thing in your name, but nothing else.
A Durable Power of Attorney for Health Care Decisions is a very specific POA that is similar to a living will. Some states, like Nevada, where I live and practice, have very detailed statutory POA's, and if you want yours to be effective it has to exactly mirror what's in the statute. For this reason, you have to know exactly what your state law is in this area, or you risk not having your wishes enforced.
Oh, and a power of attorney is normally not something that needs to be filed with any court or government agency as a matter of course. It is valid as soon as it is signed and notarized, and can then be used in dealing with banks, businesses, hospitals, etc.
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I draw up HCPA's on a nearly daily basis at work nowadays. Most states have a statutory form that has a couple blanks for your name, the name of your agent, and a couple other choices (like do you want to be put on lifesupport) Of course, my boss reviews them before we actually send them out for signature, but it's gotten to be very simple.
Property powers are more involved and I don't get to fly on autopilot with those.
Oh, and I have IL, IN and WI in my computer at the office that I use frequently...
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