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: How to use a power of attorney to help your family

by Editor
March 4, 2023
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In our aging society, a frequent topic of conversation is how to help older people who have lost some of their physical or mental abilities. It is easy to advise someone to obtain power of attorney for a parent or other loved one, but it can be a challenge to actually make use of a POA, especially if time is of the essence.

Beth Pinsker digs into the difficulties of using a power of attorney and how to overcome them.

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When it comes to helping your family, a power of attorney can be a powerful tool. A power of attorney is a document typically drafted by a lawyer, which authorizes another individual, known as the attorney-in-fact, to make decisions, take action or represent your interests in legal, financial or health care matters.

Using a power of attorney has many benefits, including giving you peace of mind that your family will be taken care of and their needs will be met should you become incapacitated. It also saves your family from having to go through the court process of being appointed as a guardian.

The first step in setting up a power of attorney is to choose the right attorney-in-fact. This should be someone you trust to act in your best interests and who is capable of making decisions and taking action on your behalf. It is also important to consider your attorney-in-fact’s availability and any particular expertise he or she may have in any given field.

Next, you want to make sure that your power of attorney is drafted correctly. The document should specify the exact powers that you are granting the attorney-in-fact and should be written in language that is clear and unambiguous. You should also include a list of any particular assets, assets accounts or other items that the attorney-in-fact will have access to or control over.

Finally, it is important that your power of attorney is filed correctly with local and state authorities. Depending on the state, this may include filing it with the county clerk, registering it with the secretary of state and having it notarized.

A power of attorney is a great way to make sure that your family will get the help they need if you ever become unable to handle your own affairs. Follow these steps to make sure that you select the right attorney-in-fact and the document is drafted, filed and executed properly.

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