A Power of Attorney is different than an Advance Healthcare Directive because an Advance Healthcare Directive only allows another individual to make healthcare decisions on a principal s behalf. It talks about specific circumstances under which a principal would like someone else to be their agent for health and allows a principal to define the types of authority they would like the agent to have. A Power of Attorney is similar, but is used only for financial decisions.
Most states will recognize any POA that is validly signed in another state. So if you make a valid document while living in one state and then move to another state, your document will still be valid in your new state of residence. However, it may be a good opportunity to update your document and prevent it from being “stale”.
A Special or Limited POA gives an Agent the power to act on your behalf, but only specific powers. You can create several Special POAs, with different agents granted different powers. Here is a list of some of the specific powers you can grant to your Agent:.
- Sign checks.
- Withdraw money.
- Make a gift.
- Create, amend, revoke, or terminate an inter vivos trust.
- Create or change rights of survivorship.
- Create or change a beneficiary designation.
- Authorize another person to exercise authority granted by the power of attorney.
- Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.
- Exercise fiduciary powers that the principal has authority to delegate.
This document can be used if someone is looking to appoint an agent to make financial decisions for them right now, or if someone would like to set up a document that is ready to go in case of incapacity. In this document, the principal or their representative will be able to enter pertinent identifying details about the parties. The person filling out the document will also be asked a series of questions to define exactly what types of authority the principal wants to give the agent.