Variations on Power of Attorney: One Size Does Not Fit All

• 2017年2月16日
• bet9九州体育登录线路
• 房地产 & 老法

While you never know when you might have to rely on someone else, there are ways you can prepare for the possibility. 金融 授权书 (POA) is the cornerstone to 任何 遗产规划.  It allows a person (the principal) to give legal authority to someone else (the attorney-in-fact) to take financial actions on the principal’s behalf. There are m任何 situations where having such a document and creating such a relationship is preferable to allowing one’s personal finances to languish. 当然, the planning needs of an unmarried, childless 21-year-old are likely not the same as a 65-year-old married couple with grandchildren, 但 授权书 are highly customizable.

Third parties cannot simply make financial decisions for someone else without being given legal authority. Imagine the chaos that would result if you were hospitalized and your best friend sold your car to pay your mortgage. While he may have had the best of intentions, maybe you would have preferred to keep the car or miss a few mortgage payments or sell a pricey piece of jewelry instead. Each person has ownership rights over their own 财产 that no one else can interfere with unless granted the authority to do so. The other side of the coin is that if you are somehow 丧失民事行为能力 and have not executed a 授权书, your personal business will go unmanaged until a court petition for 监护 is filed and granted.

The most typical time for a 授权书 to take effect is for an unexpected disability. Since 任何one can suffer from a health emergency, a POA is a wise choice for 任何 adult with income, 债务, 财产, 或家属. Other useful instances include frequent traveling, extended traveling, or being deployed. A POA can – and should be – tailored to an individual’s goals. Limiting its application to address specific situations will avoid unnecessary complications. Common examples are restricting the attorney-in-fact’s authority to negotiating loan refinancing, buying or selling real estate, filing income tax returns, handling government benefits, hiring professional assistance, accessing safety deposit boxes, registering a vehicle, or buying life insurance.

动机问题. A principal who has tax concerns should have a differently drafted POA than one who has healthcare concerns. So, too, should a principal who is uncomfortable with the thought of giving up independence. 可以制定行动纲领。”出来,” which means the authority is granted only upon a specified event, condition, or date. As an alternative, a POA can be made “durable.” There are advantages and disadvantages to each, which should be discussed with a lawyer.

If you want control over what happens to your personal affairs in the event you are 丧失民事行为能力 在某种程度上， you should execute a 授权书 that accurately reflect your wishes. To make sure these documents are validly drafted and address your needs, it’s important to have a lawyer’s advice. 如果你有 任何 questions about this topic, you can find out more by discussing it with one of the 印第安纳州 遗产规划ning attorneys at Church, Langdon, Lopp, Banet Law. We have years of experience helping people, and we can help you. Based in 新奥尔巴尼, 印第安纳州, we proudly serve communities throughout 肯塔基州 and 印第安纳州 including, 但不限于, 杰佛逊县, KY; Floyd County, IN; Clark County, IN; and Harrison County, IN. Contact us by calling (812) 725-8224 or filling out 我们的网上表格.