What are Durable Powers of Attorney |
What is a durable power of attorney?
When you complete a Durable Power of Attorney Document, you Legally give another person authority to act on your behalf. The person who is delegated this authority is called your attorney -in-fact or agent.
Durable Power of Attorney
The word attorney implies to the person in which you have authorized to act on your behalf; it's is not restricted to lawyer, nor does it require any qualification . A durable power of attorney remains valid even if you become incapaciated and unable to handle your own affairs. If you don't specify that you want your power of attorney to continue if you become incapacitated, it will automatically end (in almost all states) if you later become incapacitated. Durable Power of Attorney
When does a durable power of attorney take effect?
A durable power of attorney can be drafted so that it goes into effect as soon as you sign it. That is appropriate if you face a serious operation or incapacitating illness. You can also specify that the durable power of attorney does not go into effect unless a doctor certifies that you have become incapacitated. This is called a "springing" durable power of attorney. It allows you to keep control over your affairs unless and until you become incapacitated, when it springs into effect. Durable Power of Attorney
Durable Limited v Durable General |
Durable General Power of Attorney:
A Durable General Power of Attorney is unlimited in scope and only takes effect when you become incapacitated. Until then, you are free to manage your own affairs as you see fit.
Durable Limited Power of Attorney:
A Durable Limited Power of Attorney is limited in scope and only takes effect when you become incapacitated. Until then, you are free to manage your own affairs as you see fit.
However, with either Power of Attorney, provided you are mentally competent, you can of course revoke your Durable Power of Attorney at any time! Durable Power of Attorney
The need for a Durable Power of Attorney for Finances and Property |
A Durable Power of Attorney is a legal device that will allow you to nominate someone to make financial and other business decisions on your behalf should you become incapacitated through illness or otherwise unable to make these decisions on your own behalf. It is the first line of defense in protecting both yourself, your finances and your family!
Durable Power of Attorney
What happens if you don't have a Durable General Power of Attorney
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If you fail to make a valid Durable Power of Attorney then:-
- your family (even your spouse) would be powerless to manage your property and your assets and would have to apply to the Court to have it appoint a 'guardian' to manage your affairs. Durable Power of Attorney
- your guardian may not be someone that you would normally trust with your family’s inheritance....and you could become the next victim of negligence or fraud or incompetence! Durable Power of Attorney
- as a court appointed guardian is free to do what they deem fit....your most valuable possessions could be sold to pay medical and other bills.....and your family would be powerless to prevent this.... Durable Power of Attorney
The only way to protect yourself is by having a Durable Power of Attorney!
Benefits of having a Durable Power of Attorney
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By having a Durable Power of Attorney:- Durable Power of Attorney
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You can appoint an agent of your choosing to act on your behalf should you become incapacitated;
Durable Power of Attorney
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You can avoid having a court appointed attorney make legal and financial decisions that could adversely affect you, your family and your assets; Durable Power of Attorney
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You will have the security of knowing that the person who has been appointed as your attorney is someone that you can trust to mange your affairs and to look after your family; and
Durable Power of Attorney
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You can reduce and even avoid the risk of fraud or embezzlement. |
Durable Power of Attorney
Durable Power of Attorney Kit
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Our Durable Power of Attorney Kit contains all the ready-to-use lawyer prepared legal forms and documents necessary to create a Durable General Power of Attorney to cover almost any conceivable situation. It also contains all the documents and forms necessary to revoke your
Power of Attorney. Durable Power of Attorney
As well as taking you by the hand through the whole process of creating a valid and enforceable Power of Attorney, our legal kit also explores the following areas in detail:-
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Types of Power of Attorney; |
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Advantages and disadvantages of having a Power of Attorney; |
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Dealing with incapacity; |
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Duties and responsibilities of Agents; |
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Legalities surrounding Powers of Attorney; |
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Commencement and cessation of Powers of Attorney; |
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Revocation of Power of Attorney; and |
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much more... Durable Power of Attorney |
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| Name |
Durabal General Power of Attorney |
Durabal Limited Power of Attorney |
| ISBN |
978-1-906144-03-6 |
978-1-906144-04-3 |
| Pages |
40 |
40 |
| Includes |
Detailed Instructions and Lawyer Prepared Legal Forms |
Detailed Instructions and Lawyer Prepared Legal Forms |
| Format |
 Downloadable |
Downloadable |
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Only $19.95 |
Only $19.95
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