The question of how to get power of attorney is an important one, and it’s one you should ask yourself. Do you need a power of attorney for any reason? Do you need to issue a power of attorney for anything? There might not seem to be much reason right now for you to give power to someone else in a legal capacity, but you may not be aware of the many reasons a power of attorney is necessary for your everyday life. It’s time to learn what it is, what it means, and how it can protect you in the rare instance you are unable to make a decision on your own.
How to get power of attorney is simple. Contact an attorney, create a power of attorney for any necessary reason, and allow someone else to make legal, medical, or financial decisions on your part at any time you are unable to do so for yourself. Before you sign a power of attorney allowing someone else to do anything for you, however, understand what you are signing and what it means. It’s a binding legal document, and you must be aware of what it means to you and your family before you sign the dotted line.
What Is Power of Attorney and What Does It Do?
Before you learn how to get power of attorney, let's understand what it is. It’s a legal document that provides power to you or to someone of your choice to make legal, financial, or medical decisions in the instance you or someone else is unable to do so. If you become incapacitated and cannot make legal, financial, or medical decisions, the person you hand over power of attorney to has the right to make those decisions on your behalf. This form is very specific, and it does not simply provide someone with the power to make all your legal, financial, or medical decisions if not specifically stated on the power of attorney legal document.
Choosing A Power of Attorney
Before you learn how to get power of attorney, you must learn how to choose your power of attorney. This person is making major life decisions in your absence, either physically or mentally, and you must be able to trust this person. It’s best to provide a power of attorney to multiple people, in multiple instances, to ensure the best decisions are being made.
You should choose someone who meets the following requirements.
Choosing someone to hand over power attorney to is a careful decision. This person is capable of making decisions on your behalf when you cannot. If they make the wrong decision, will you be able to survive that decision? Most people choose a spouse, a parent, a sibling, or even their personal attorney to stand as their power of attorney.
Reasons You May Need Power of Attorney
Before you learn how to get power of attorney, you should know why you might need one.
There is no limit to the number of reasons you might need a power of attorney.
If you ask someone to become a power of attorney for medical reasons, it might be for more than one reason. For example, you might ask them to make medical decisions because you are going under the knife, and you want someone to be there to make medical decisions in case you cannot.
On another note, you might have a medical power of attorney in case something happens. Having someone around to make your legal medical decisions in case something unexpected happens to you in the future and you become incapacitated is not a bad idea. For example, if you are injured in a car accident you didn’t see coming, having a medical power of attorney helps you when you are unable to make your own medical decisions.
You Are Active Military
Not only do you need a power of attorney when you are in the military for medical reasons, but you also need it for financial reasons. For example, let’s say you are deployed, but you and your spouse are also selling your home. If that sale goes through, you cannot be home to sign the paperwork at closing. You need to have a power of attorney present to sign on your behalf. Your attorney or your spouse make a good power of attorney choice for a situation like this one.
You Are Traveling
Whether you’re just on a trip around the world or you’re in the Caribbean for a long weekend, you need a power of attorney for several reasons. The first is in case something happens, and you need someone to have access to your financial records when you are away. You never know what might happen while traveling, and you never know when you need access to more funds you can only get in person.
The other reason this is a good idea is that you have children, and they’re home with a grandparent or relative. If something happens to your child while you are away, you need to provide the power of attorney to the person who is keeping them to make quick medical decisions. The last thing you want is to be out of the country or too far away to get to the hospital in a timely manner when your child needs medical attention, and there is no one there with the power to provide permission.
Types of Power of Attorney
Now that you know why you might need a power of attorney, you must know what kind you need. There are four major types of power of attorney. Getting to know each one is important. It’s also imperative you learn that you might need more than just one for various reasons.
Springing Power of Attorney
When decided how to get power of attorney in your life, you should know about this one. It’s designed to give power to someone else only when a specific instance occurs. For example, you are incapacitated and unable to make a decision on your own.
Durable Power of Attorney
This is a power of attorney used for a lifetime. It doesn’t matter what it is for, only that you must sign documents when you want to revoke this power of attorney. It is a long-term legal matter.
Medical Power of Attorney
This type of power of attorney is used when you are unable to make sound decisions. It’s not necessarily a document that allows someone to make medical decisions. It’s used when you are no longer of sound mind and body, which renders you incapable of making decisions on your own.
Conventional Power of Attorney
This is called a limited power of attorney because it’s specific. You only give the power to make a very specific decision in a very specific situation. For example, you sign this stating the power of attorney can sign on the sale of your home only if you are on a plane without cellular service at the time of closing. If every detail is not accounted for, the power of attorney is not valid.
How to Get Power of Attorney
How to get a power of attorney is simple, but you must follow a certain number of steps. It’s important you don’t miss any steps because you can hinder your ability to get the power of attorney. First, you must talk to the person you want to become your power of attorney. They are okay with must agree to be the responsible party in your specific situation. They will be required to sign the legal document as well.
The next step is to determine the type of power of attorney you need. You can print a form from the Internet, or you can speak to your attorney about this. Now, check with the state in which you live to find out what the requirements are when learning how to get power of attorney for your specific situation. If you want to be sure your document is as legal and binding as possible, simply call your attorney. Once you have the form, you and the person you choose to be your agent must sign it. Notarizing the form is helpful, too. Now, make copies and provide it to the person you chose, keep one for yourself, and give one to your attorney or put it in a safe deposit box or safe.
How to get a power of attorney is easy, but it’s figuring out what kind you need, how to word it, and how to ensure it’s legally binding without any question that’s the difficult part. You must know what you need, and you must ensure that your document is carefully worded to ensure that it conveys the message you are trying to send. Call an attorney to help you with your power of attorney if you’re unsure what you’re doing. Legal matters are always best handled when you know you’re making the correct decisions that will be legal and binding.