It is often convenient, even necessary, to let someone else act for you. You can give someone the legal authority to act on your behalf with a document called a power of attorney. When you grant a power of attorney, you are referred to as the principal and the person to whom you give it is called an agent or mandatary. There are a few occasions when a court intervenes and legally terminates a standing power of attorney. One final note is that it is important to know if your state automatically considers a continuing power of attorney. In some states, this is the case and if you want something else, you must indicate it directly in your documents. There are various implications if you don`t have a will or power of attorney. If you become unable to work and do not have a power of attorney, your relatives must initiate legal proceedings to appoint a guardian for you. This person may not be your first choice for managing personal or professional affairs, so you can only have peace of mind if you sign a power of attorney. Don`t make these common mistakes when drafting your will. New parents: You suddenly have a lot more responsibility on your plate. Have peace of mind knowing you`ve found someone who can step in and make those tough decisions when you suddenly can`t.

An enduring power of attorney can be an ideal choice because it stays in effect when your life changes drastically and you can no longer make your own decisions. Trust & Will is fast, affordable, comprehensive and has been developed by legal experts and lawyers who understand the nuances of estate planning. When you use Trust & Will, you are assured of satisfaction. It is important to have a “will”. Even if you don`t have children or a lot of savings or assets, your will has more than one purpose. Your will sets out your wishes, including: No, you don`t need a lawyer to write your power of attorney or living will. In fact, Trust & Will offers valid state-specific legal forms and documents, so you can be sure that the decisions you want to make will be respected and honored, and that the person(s) you trust most will be there to make decisions for you. If you use the power of attorney for a real estate transaction, it must be registered at the clerk`s office before or at the same time as the deed of ownership purchased or sold. A copy of the power of attorney will be made for the public and the original will be returned to the person who submitted it.

No special qualifications are required for anyone to practise as a lawyer, except that he or she must not be a minor or otherwise unable to work. The best choice is someone you trust. Integrity, not financial acumen, is often the most important characteristic of a potential agent. Some states previously required the renewal of a power of attorney to keep it valid. Today, most states allow a “permanent” power of attorney that remains valid after signing until your death or revocation of the document. However, you should meet regularly with your attorney to review your power of attorney and see if your choice of agent still meets your needs and if developments in state law affect your power of attorney. Some powers of attorney specifically include termination dates to minimize the risk of former friends or spouses continuing to act as agents. It is important that you regularly check the ongoing effectiveness of your documents.

Estate planning is the culmination of a series of documents and efforts that all have the same goal: to prepare your estate for the future. This can be on a number of fronts – including two of the most important tasks: making your medical desires known and allowing someone to make financial and other decisions that are important to you. Two powerful elements of any estate plan are a living will and a power of attorney (POA). The Uniform Powers of Attorney Act (UPOAA) was created by the Law Harmonization Commission in 2006 to establish universal rules for proxies in the states. The law specifies which powers are included by default and which must be indicated directly. It is highly recommended that you prepare both types of powers of attorney so that you can choose who makes the decisions for you. You should seek legal advice before writing powers of attorney. People often make powers of attorney at the same time as they make a will.

When a lawyer makes your will, you can also ask for powers of attorney. For more information about wills, see the Wills section. As mentioned above, if you are mentally capable of preparing a power of attorney, you can change or revoke (cancel) a power of attorney. A power of attorney usually ends when you make a new power of attorney because the new power of attorney replaces the existing power of attorney. A power of attorney can end when a court makes a decision to appoint another substitute decision-maker. Powers of attorney end when you die. If your will is typed, even partially, it is not a holograph will. If your will is typed or if you use a will form or kit, you must have two witnesses. You and the witnesses must be together when you sign your will. You and your witnesses must each sign the last page and you must also initialize each page of your will.

You must number the pages of your will, for example: “Page 1 of 3, Page 2 of 3”, etc. One of the witnesses must also make an affidavit. Your witnesses cannot be “beneficiaries,” which means that your witnesses cannot be people who could benefit from your will. Suppose Michael Douglas names his wife Catherine Zeta-Jones as his agent in a written power of attorney. Catherine must sign as authorized representative: Michael Douglas, by Catherine Zeta-Jones under the Act or Catherine Zeta-Jones, Michael Douglas` lawyer. If you are ever asked to take action as someone`s agent, you should consult a lawyer about what actions you can and cannot take and whether there are any precautions you should take to minimize the likelihood that someone will challenge your actions. This is especially important if you are taking actions that directly or indirectly benefit you personally. Provide copies of your will to close friends or family members, your executor and your estate planning lawyer. Keep the original of your will in a secure or flame-retardant filing cabinet. You may pay more for legal advice, but the peace of mind is often worth it. Consider reducing these costs and having something available to the lawyer for review.

Even if you fill out a legal document incorrectly, your lawyer will have a solid idea of what you want. If there is a will or trust, the executor receives instructions about the deceased`s wishes that help move the estate forward. If a will or trust was never made by your loved one, then it has passed “intestate “. Please contact us so that we can help you navigate probate court proceedings. You can limit the powers and effective duration of your power of attorney. For example, if you cannot participate in a real estate transaction, you can appoint a broker to manage only that transaction. You can also designate one agent for family maintenance and another for the management of your business. Instead of a standing power of attorney, which takes effect immediately, you can also create a power of attorney, which only takes effect when a doctor determines that you are unable to work. It is important to communicate with your assistant decision-maker about your values and beliefs to ensure they can make the decisions they want.

The wishes you express, as long as you are able, are legally binding. This means that your assistant must consider your wishes when making decisions for you. Using forms other than your state`s is perfectly legal, but be aware that most banks (and others) require internal legal review before accepting documents and allowing your agent to make decisions and transactions for you.