Need a Power of Attorney? Here's What To Do!

A Power of Attorney (POA) is a document that is appointing an agent, or attorney-in-fact to handle your personal and financial affairs on your behalf. Having a POA can be a huge relief. A POA provides protection, and peace of mind in case you are unable to handle your own affairs.

How to Establish a POA:

1.     Assess and decipher your needs.  Different people need different things. General POA gives your agent broad powers. Medical, focuses on healthcare decisions and Financial POA’s focus on financial decisions. There are many other POA’s to fit your needs.  Consider how long you will need this POA, for only a period or indefinitely?

2.     Choose your Attorney in fact.  Once you know what type of POA you need, it is time to choose someone you trust to act on your behalf. This person will make important decisions for you, so it is crucial to select someone reliable and willing to uphold your wishes.

3.     Drafting the Document. Drafting the document can be timely. You and your attorney should work collaboratively when creating this document. When drafting this document, you want to make sure you are clear about the powers you want granted. Hiring an attorney to help you with this process ensures that your documents are exactly how you want them. Make sure to have an alternate agent in case your primary agent is not available.

4.     Review State Laws.  Check your state laws to make sure that the document is valid in that state. This ensures that the POA will be honored by courts, protecting the principles best interest. Every state is different.

5.     Signing and Notarizing.  Now it’s time to finalize and notarize. Check your state’s law. Sometimes it is mandatory to have a witness along with a notary. The witness is there to make sure it’s really you signing the documents, and the notary makes it official. Make sure to make copies and keep the originals somewhere safe.

Contact Bayside Law today at kayla@baysidelawllc.com or (251) 716.8318.