Power of Attorney
Power of Attorney
In this document, you appoint an agent to act for you for property management if you become incapacitated. Your agent may be authorized to transfer property to your Living Trust, to make withdrawals from your retirement assets, or to do anything else that you want your agent to do for you if you become incapacitated.
You should ask the first agent you have appointed if he or she is willing to accept this responsibility for you; if so, be sure he or she has the original or a copy of this document to prove his or her authority to act.
Your Power of Attorney may also contain a nomination of a conservator for you or your estate.
A Power of Attorney means that you give someone the authority to act on your behalf as your agent. : “Attorney” means “Agent”. The word “Durable” means that the power continues if you become incapacitated. This type of Power of Attorney authorizes someone to manage your non-trust property on your behalf. It only affects assets outside of the trust. It is commonly used to place assets in the trust if you become incapacitated. Non-Durable types of Power of Attorneys might cease to be effective if you become incapacitated, thereby defeating your estate plan.
A Power of Attorney can be effective immediately, or only upon your incapacity. It is your choice. Just remember that this is a very powerful document and pick your agents well.