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Power of Attorney
Who should I name as my Durable Power of Attorney?

Who should I name as my Durable Power of Attorney?

Q: What type of power of attorney is used in the event a person becomes disabled?

A Durable Power of Attorney is used when a person becomes disabled. This type of power of attorney remains effective even if the principal becomes incapacitated, allowing the designated agent to manage financial and personal decisions as needed.

Q: Can a disabled person be a POA?

No, a disabled person cannot serve as a Durable Power of Attorney if they are unable to understand the responsibilities involved. The person designated must be mentally competent to make decisions on behalf of another.

Q: How do you get power of attorney when a person is incapacitated in the US?

To obtain power of attorney for someone who is incapacitated, you typically need to go through a court process to establish guardianship or conservatorship. This involves filing a petition and demonstrating that the person cannot make their own decisions. It's advisable to consult with an attorney for guidance on this process.

Full question:

You are in need of hiring a Durable Power of Attorney to help run your estate if you should become disabled. Who should I name as my Durable Power of Attorney and can I name more than one?

Category: Power of Attorney
Subcategory: Health Care Declaration
Date: 04/07/2025
State: National

Answer:

You can choose any adult to be your Durable Power of Attorney, such as a spouse, child, relative, friend, or even a bank. It's crucial to select someone you trust and who is willing to make decisions on your behalf, as they will handle important financial and personal matters for you.

You can name more than one person as your Durable Power of Attorney. If you do, specify whether they can act independently or must act together. If you choose two people to act jointly, they may face challenges if they disagree. An alternative is to name one person as your primary Durable Power of Attorney and another as an alternate, who can step in if the first person is unable or unwilling to act.

The person you designate must follow your instructions and act in your best interest. They should also keep accurate records of their actions. If they mishandle your affairs, they can be held legally responsible for any damages.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who is the best person to assign power of attorney?

The best person to assign as your Durable Power of Attorney is someone you trust completely. This could be a spouse, child, relative, or close friend. It's important that this person is willing to make decisions on your behalf and understands your values and preferences. Consider their ability to handle financial and personal matters responsibly.

What type of power of attorney is used in the event a person becomes disabled?

What are the 4 types of power of attorney?

The four main types of power of attorney are: 1) General Power of Attorney, which grants broad powers; 2) Durable Power of Attorney, which remains effective if the principal becomes incapacitated; 3) Medical Power of Attorney, which allows someone to make healthcare decisions; and 4) Limited Power of Attorney, which restricts the agent's authority to specific tasks or time frames.

Can a disabled person be a POA?

How do you get power of attorney when a person is incapacitated in the US?

What are the disadvantages of a durable power of attorney?

Some disadvantages of a Durable Power of Attorney include the potential for abuse if the agent acts against the principal's wishes, lack of oversight, and the possibility of disagreements if multiple agents are named. Additionally, once granted, it can be difficult to revoke without legal assistance if the principal becomes incapacitated.