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There are several kinds of power of attorney (POA), and they vary
with the type and the extent of the authority that is being passed to
the agent on the principal's behalf.
In springing power of attorney, the principal cannot, in writing or
verbally, make the request that someone act as his power of
attorney. The principal is declared to be not capable of thinking for
himself, and therefore will need an attorney-in-fact. This declaration
of incapacity is usually given by the principal's doctor, when the
patient's health suddenly deteriorates as a result of a devastating
accident, or in mental illness. In this kind of POA, care should be
taken that all the necessary paperwork be properly signed and
addressed, so that the principal's agent can actually help on the
principal's behalf.
In a durable POA, the agent will act for the principal during his
disability, the duration of which will be determined by the
principal's doctor. In these situations, the agent will generally deal
with financial and other transactions outlined in the POA
documents.
In a limited POA, the acts that can be carried out by an agent is
described, the time limit and the specified situations the agent can
act on behalf of the principal. This POA will be revoked should the
principal becomes incapacitated or dies.
In a general POA, the powers given the agent to perform on the
behalf of the principal are total in nature and scope. This POA can
only be revoked by death of the principal or by another deed.
A durable financial POA gives the agent authority to perform
financial transactions on the principal's behalf only when he is not
able to do so. This will include such things as managing property, the
payment of bills, taxation and other financial issues.
In a healthcare POA and living wills, the agent will step in if the
principal cannot give instructions regarding his health care and who
should treat him when needed. The agent would be the one to make those
decisions.
A living will is a type of POA that outlines the actions of medical
personal if the principal's death is imminent , and relates to such
things as life support. The principal could himself revoke the POA and
override the agent's decisions, since he is still in control of his
senses.
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