Power of Attorney

A Power of Attorney is a written authorization for an agent to perform specified acts, either personal (health care) or estate (property) on behalf of a principal and are generally of 3 types:

• Durable: In which the powers granted remain in effect in the event of the grantor's incapacity or on being adjudged incompetent
• Springing: In which the powers granted become effective when the grantor becomes incapacitated or is adjudged incompetent
• Health Care: Which may be used to authorize health care decisions in the event of incapacity.

Certain Powers of Attorney, such as those involving the ability to transfer real property, require recording, and must be executed in a specific manner. It is recommended that legal advice be obtained before executing powers of attorney as an alternative to guardianship. In addition, there are few safeguards or protections from abuse or misuse of Powers of Attorney. For that reason, the agent of the power of attorney should be of good character, and be very carefully chosen.