The General
Power of Attorney Grants Broad Powers.
A
General Power of Attorney gives the Agent broad powers over
all of the assets of the Principal, including the right
to buy and sell property, access private records, use and
dispose of personal property and essentially do anything
with the Principal's property that the Principal herself
could do. Our General Power of Attorney is written to grant
the broadest possible powers to cover nearly every situation
imaginable. A General Power of Attorney can be either Springing
or Durable. Click on the image to the right for a preview
of the first page of the this type of power of attorney
document.
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The
Limited Power
of Attorney Grants Very Specific Powers.
A Limited
Power of Attorney gives the Agent very specific powers.
Usually this form of Power of Attorney is used to authorize
the Agent to take a specific action, such as accept an offer
to buy the Principal's house or use the Principal's car.
On our website, you type in the specific powers you want
to give your agent and we insert your description in the
power of attorney form right where it belongs for a professionally
prepared, signature-ready document every time. A Limited
Power of Attorney is also referred to as a "Special"
Power of Attorney and can be either Springing or Durable.
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The Health
Care Power of Attorney Deals with Health Care Decisions.
A Health Care Power of Attorney
grants the Agent the power to make medical decisions for
the Principal when the Principal can't make that decision
for himself. This might occur when the Principal slips into
a coma after a motor vehicle accident. With a properly drafted
Health Care Power of Attorney, the Agent has authority to
consult with the Principal's physician, evaluate the risks
of certain medical procedures, and give or withhold consent
for the physician to perform the procedure. The Health Care
Power of Attorney only becomes effective when the Principal
is unable to make medical decisions for himself or herself
because of mental incapacity.
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The Custodial
Power of Attorney For a Minor Deals with Children.
A Custodial Power of Attorney for a Minor is used when a parent or guardian
of a child needs to temporarily appoint another adult to
make day-to-day decisions for a minor child. This type of
Power of Attorney should be used whenever a parent leaves
his or her children with another adult. Our Custodial Power
of Attorney document grants broad powers to give the temporary
guardian maximum flexibility and authority.
Our
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WHAT IS THE DIFFERENCE BETWEEN A DURABLE AND SPRINGING POWER OF ATTORNEY?
DURABLE POWER OF ATTORNEY
In a Durable Power of Attorney the Principal gives the Agent immediate powers over the Principal's property. This means that Agent can immediately make important decisions about the Principal's property as soon as the Power of Attorney is signed. The Agent's power continues until the Principal revokes the Power of Attorney or dies. The Power of Attorney continues to be effective even if the Principal becomes mentally incapacitated. Because the Power of Attorney remains effective even after the Principal's incapacity, it is considered to be "durable."
A Durable Power of Attorney is appropriate where the Principal anticipates needing someone else to manage his or her affairs in the near future. This is commonly the case where an elderly parent is going into a nursing home and needs to appoint a grown child to manage the parent's home and bank accounts. A Durable Power of Attorney is also a very handy document for spouses to sign for each other. The document allows each spouse to act for the other concerning any separate property they may own.
SPRINGING POWER OF ATTORNEY
In a Springing Power of Attorney, the Principal gives the Agent all of the same powers over the Principal's property, but those powers do not become effective until the Principal becomes mentally incapacitated. This means that even though the Principal has signed the Power of Attorney, the Agent cannot exercise those powers until the Principal is mentally incapacitated. Usually, mental incapacity is defined as the inability to comprehend and manage one's affairs. A good Power of Attorney requires that two physicians must certify in writing the Principal's mental incapacity. Because the Agent's powers "spring" into existence upon the disability of the Principal, this type of Power of Attorney is called "Springing."
A Springing Power of Attorney is appropriate where the principal does not anticipate losing mental capacity in the immediate future and does not anticipate the need for anyone to manage his or her affairs for any other reason, such as an extended vacation. The Springing Power of Attorney allows the Principal to name someone now in case those unlikely events occur, but without having to worry about the Agent having such broad authority until the event occurs.