A Durable Power of Attorney also becomes effective immediately upon signing, however it allows the Agent to continue acting on behalf of the Principal even when he or she becomes incapacitated. This type ends automatically when you die, but you can also rescind it, as long you are not incapacitated.
If you decide you no longer want a Power of Attorney, you can take the following active measures to terminate it, provided you are still legally competent:
- Prepare a Revocation of Power of Attorney.
- Destroy the document.
- Follow any termination procedures detailed in the document.
Power of attorney, also referred to as a POA, is a legal document that allows a person (principal) to choose someone else (agent or attorney-in-fact) to represent their financial, medical, tax, vehicle, parental, or any other needs selected. The document does not need an attorney to create (although it is always advised that a person seek legal counsel) and after completion, depending on the State, signatures need to be witnessed by at least two (2) people or by a notary public (preferred).
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.
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