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What does a power of attorney do?

What does a power of attorney do?

During estate administration, individuals have to decide on many aspects. These aspects of their estate, whether it includes their health or their assets, can be found in their will. They may wish to appoint someone as their power of attorney to represent their wishes when they are unable to do so themselves. With this role, the power of attorney has a lot of power for that individual. They take on the role as their agent. They will act according to the wishes that were laid out for them by the individual who is giving them this role.

As a power of attorney, you have been trusted with a powerful role. Through a legal document, it establishes that a power of attorney has the authority to act for another person. People may wish to choose a friend, family member or even a business entity as their power of attorney. In the end, they should choose someone they trust making important decisions for them. In the state of New York, there are a few different categories for power of attorneys. These individuals can have different responsibilities based on the amount of power that was given to them by the individual they are representing. This can range greatly.

General power of attorney

Someone who is given the authority as the general power of attorney has the ability to conduct the same financial actions that you would perform. These tasks can include filing taxes, executing contracts or borrowing money.

Limited power of attorney

As someone with a limited power of attorney, you are an agent that can take certain actions on behalf of another individual. These actions are at the discretion of the individual who gave you the authority. They have the ability to make your power as limited or as broad as they would like. Due to this, a limited power of attorney can vary depending on each situation.

Durable power of attorney

When you are unable to make decisions due to an incapacitated nature, your durable power of attorney will have the knowledge to make end of life care decisions for you. Previously, you would have told them how to proceed with certain procedures. You will have told them your take on life support and organ donation, along with other aspects. This individual will ensure that end of life care is done accordingly and can even manage finances according to directions they were given.

Springing power of attorney

After a triggering event in a person’s life, a springing power of attorney can go into effect. These events may include something of a medical or physical nature that caused a disability. The individual is then given the authority to make certain decisions for the other party.

The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.

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