Power of Attorney

A power of attorney is authority given by one person to another to perform certain specified acts.  The person who executes a power of attorney is called the principal. The person holding the power of attorney is called an attorney in fact (agent).

The power of attorney can authorize your attorney in fact to perform any act which you can perform, in which case it is designated a general power of attorney.  A power of attorney limiting your attorney in fact to a single act is called a limited or specific power of attorney.  The power of attorney we offer can be either. 

After you print out your power of attorney, you will see a series of areas which your attorney in fact may operate. You may simply initial before the area those individual acts with which you want to empower your attorney in fact (limited or specific power of attorney) or you may initial before the area which grants unlimited power (general power of attorney).
 

What is the difference between a general power of attorney and medical power of attorney?

A general power of attorney deals exclusively with financial matters. 

A medical power of attorney deals exclusively with health care matters.  A medical power of attorney is generally prescribed by state statute.  To the extent it is mandated by state law we have provided the exact document promulgated by the legislature of each state.

Since each power of attorney covers two distinct areas, you must have both if you want your agent to make decisions for you concerning your health and financial matters.  You may designate the same agent in each power of attorney.
 

How long does a power of attorney last?

A power of attorney can come into effect immediately or in the future based upon a specific date or event.  You may specify when your power of attorney begins and when it terminates. 

In addition, the following events normally cause the termination of a power of attorney: renunciation by agent, revocation by principal, death or incapacity of principal or agent, insolvency of principal or agent and war. 
 

What is a durable power of attorney?

A durable power of attorney is a power of attorney, medical or general, which contains a provision that the power of attorney will not be affected by the subsequent disability of the principal. 

A durable power of attorney is created by legislation in each state.  This is because at English common law, incapacity of the principal terminated the agency relationship.  Since all states (except Louisiana) are guided by principals of common law, the power of attorney would automatically terminate upon the disability of the principal.  By enacting legislation each state has provided a means whereby an individual may now appoint someone of his or her own choosing to make decisions about their medical and financial matters in the event they become disabled for any reason.

In most cases, especially those dealing with medical power of attorneys, the disability of the principal is the primary event that triggers the authority of the agent. 
 

Do I have to have my power of attorney witnessed?

Yes you do and you must pay particular attention to the instructions about who is a qualified witness.  The agent is disqualified by law as acting as a witness for obvious reasons.