DO YOU HAVE A POWER OF ATTORNEY?

A power of attorney gives someone designated by you broad authority to manage your property, money, and affairs. Especially useful if you are temporarily or permanently disabled, a properly drafted, valid power of attorney permits someone you trust to avoid court proceedings and to take over your finances smoothly.

The person you appoint is called your "attorney in fact" and need not be an attorney at all. Different from an "attorney at law," an attorney in fact is a person you trust and to whom you give the power to act for you.

Your power of attorney can be tailored to your preferences. It may be effective immediately, or it may be drafted to go into effect only upon your disability or incapacity. You can permit your attorney in fact to engage in any and all financial transactions or you may specifically limit the scope of his or her authority. You may give your attorney in fact the authority to make medical decisions, authorize surgery, or enter into agreements for your admission to nursing care or other facilities. You can decide whether your attorney in fact can borrow money in your name, enter your safe-deposit box, manage your government benefits, or sell your real estate.

It is sometimes wise to give an attorney in fact the broadest possible powers since most powers of attorney are used only after the grantor becomes disabled or incapacitated. A power of attorney is a significant document and therefore it should be drafted thoughtfully and reviewed periodically. If you do not have a power of attorney, or have not reviewed yours for some time, you should speak to your most trusted friend or family member and consider taking care of this important detail soon.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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