It is important to know the different types of Power of Attorneys and understand what they can and cannot do for you.

**General Power of Attorney**: can act on your behalf for anything legal that you would be able to do yourself unless limitations are specified. If you do not make your agent durable, the document will be terminated if you become incapacitated. A durable power of attorney has permission to act on your behalf if you are unable to make your own decisions. 

Although there are several types of POAs, the two most common types are medical power of attorney and financial power of attorney. A medical power of attorney acts on your behalf to meet your medical needs, while a financial power of attorney acts to meet your financial needs.

- Must be 18 years of age
- Must be mentally competent
- Can decline being named a Power of Attorney
- Can revoke their decision to be your Power of Attorney at any time
- Will terminate upon death

A power of attorney will continue to act with your best interest in mind, but there are certain limits on the decisions they can make for you. Some of these include:
- Testifying on your behalf
- Voting in a public election on your behalf
- Creating, changing, or revoking your will
- Designating someone else as your POA
- Rendering any services under contract
- Taking over responsibilities that were designated to someone else

You may choose your Power of Attorney to also be the executor of your will. If you die without a will, your Power of Attorney can petition the court to become the administrator of your estate.

You’ve heard it over and over again that when choosing your Power of Attorney, make sure you have complete trust in this person. Obviously, it is their duty to act in your best interest. However, giving someone full access to your accounts and other personal assets comes with risks.

Such precaution is not to suggest that violations of trust happen often, but there are cases of agents easily taking money for their own benefit. Your agent is not monitored by the court and if you are incompetent, you may be completely unaware of the misuse. Adding provisions to your document such as appointing someone to check in with your agent, or limiting their power to specific financial transactions can help prevent misdeeds from occurring.

Each state recognizes and utilizes Power of Attorney documents.  However, these forms vary from state-to-state in how they are interpreted and accepted as a legal, binding document.  Over half of the states have adopted the Uniform Power of Attorney Act (UPOAA), created in 2006 by the Uniform Law Commission. This act aims to create universal rules and determines which powers are included in the document and which must be explicitly addressed.

According to the article [Uniform Power of Attorney Act](https://info.legalzoom.com/article/uniform-power-attorney-act) | legalzoom.com written by [Larissa Bodniowycz, J.D.](https://www.legalzoom.com/author/larissa-bodniowycz?_ga=2.93295515.729827592.1619717607-1170502422.1616520441), a few of the key provisions stated in the UPOAA that help strike this balance are:
- A power of attorney drafted before the enactment of the UPOAA remains valid as long it complies with the law of the state at the time it was drafted.
- The agent's duties are spelled out in plain English.
- An agent is not liable for misconduct if they make a decision that is in the principal's best interests and they also benefit.
- Third parties do not have to honor a power of attorney if they have reported or know of a report of suspected physical or financial abuse by the agent of the principal.
- Powers of attorney from other states are accepted as valid if they complied with the laws of the state governing their creation.
- To be valid, a power of attorney created after the enactment of the UPOAA in the state requires the principal to sign it and acknowledge his or her signature in front of a notary public.

A Durable Power of Attorney is a great resource to add to your Estate Plan and it can give you peace of mind for your future and your family.  Understanding what a Power of Attorney is capable of doing can help you choose wisely. It is their legal obligation to act in your best interest.

If you need help to explore or establish a power of attorney, contact a trusted, local expert for help. 

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Appointing a Power of Attorney may seem like a simple and quick form to fill out. Unfortunately, like any legal document, you have to ensure that it is filled out correctly, meets the state requirements, and is legally binding.

Power of Attorney Rights and Limitations

You may have started thinking about a will and estate planning for when you pass away, but what happens if you become mentally or physically incapable of making crucial decisions for yourself? No one wants to be put into a situation where they are left to make crucial medical decisions for their incapacitated loved one. Developing Advanced Healthcare Directives and a Living Will can alleviate stress on your loved ones by letting them know your wishes for medical treatment.

Advanced Healthcare Directives are written instructions that state your preferences for the medical care you will receive if you become unable to make these decisions. In some states, an advanced directive is simply a form that needs to be notarized. Other states have a more formal process. Ask your healthcare provider or a local attorney to point you in the right direction to fulfill your state's requirements.

States also use different terminology when describing healthcare directives. in some states, they're called Living Wills. In others, an advanced healthcare directive refers to the combination of a living will and a durable power of attorney. Some states break it down even further.

There are a few types of Advanced Healthcare Directives to consider adding to your Estate Plan.

### Common Types of Advanced Healthcare Directives
- Living Will
- A Durable Power of Attorney
- Do Not Resuscitate Order
- Organ Donation Form

A Living Will is a type of advanced healthcare directive that documents what life-sustaining treatment you would or would not want to be used to keep you alive.  It also documents your preferences for other medical decisions including:
- Pain management
- Medications
- Artificial breathing
- Tube feeding
- Dialysis
 
Your medical provider will be able to address the different types of end-of-life care treatments that are important to include in your living will. 

Each state will have its own requirements to create your living will. As long as you file the correct form, many states will not require a lawyer for this process. A Living Will does not always necessitate a lawyer’s involvement.

Durable Power of Attorney, sometimes referred to as a Medical POA or a Healthcare Proxy, is an individual that you designate to make medical decisions on your behalf in the event that you are unable to do so yourself. Common reasons to need a Durable Power of Attorney include injury, coma, or a terminal illness.

Most states will require this documentation through a legal process involving a lawyer.

Do not resuscitate (DNR) is an order written by your doctor indicating whether you want cardiopulmonary resuscitation (CPR) performed during an emergency. This is typically for patients with a terminal illness or health condition. A DNR form is most commonly filled out with your healthcare provider. They will then document it in your medical chart and give you a card to display in your home or wallet.

An Organ Donation Form specifies whether or not you choose to donate your organs if you were to pass away. In some states, you are able to indicate this on your driver’s license through the DMV. In other states, you may need to fill out a separate form. 

In order for an organ donation to occur, the donor will need to be on life-sustaining treatment temporarily to preserve life. An organ donation form lets your family and healthcare provider know your preferences ahead of time by putting them in writing.

The unthinkable can happen to anyone. Unless you have written legal documentation, your medical provider will be forced to use life-sustaining measures to keep you alive despite your wishes or quality of life. An advanced healthcare directive can be beneficial to you and your family. 

Document the care that's most important to you so your distraught family doesn't have to second guess your wishes for medical or end-of-life care. 

If you'd like to make sure your advanced healthcare directives are legal in your state, you can consult a local expert today. 

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With all of the advanced medical technology these days, it’s possible to sustain life for weeks, months, or even years. Certainly, anyone would want to keep their loved ones alive for as long as possible, but what are their wishes and what would their quality of life be like?

Advanced Healthcare Directives

A medical power of attorney can be called by a different name:
- Healthcare Proxy
- Healthcare Surrogate
- Patient Advocate
- Durable Power of Attorney
- Advanced Healthcare Directive

They all refer to a person who is designated as the agent or attorney-in-factnd the person that they are making the decisions for is called the principal.

As with all Power of Attorneys, trust is the most important quality when choosing your agent. Since your agent will be communicating with your medical providers as well as sharing information with the family, they should be able to communicate respectfully. Your agent should be familiar with your medical history, medications, and any allergies.

Have a discussion with your Power of Attorney about your wishes, values, and religious beliefs. Give them your perception of different hypothetical situations.

A living will is a type of advanced healthcare directive that documents what life-sustaining treatment you would or would not want to be used to keep you living, as well as your preferences for other medical decisions, such as pain management, medications, artificial breathing, tube feeding, and Dialysis. Your medical provider will be able to address different types of end-of-life care treatments to include in your living will.

Unfortunately, a Living Will cannot cover every possible scenario, but it can act as a guideline for a Medical Power of Attorney. In some states, a living will and medical power of attorney are combined into one Advanced Healthcare Directive.

You can designate a Power of Attorney for yourself at any age. If you have any of the following conditions, it’s time to discuss them with your family and medical providers. 

- You are at an advanced age
- Your overall health is declining
- You have a serious illness or health condition
- Your health may be at risk due to an upcoming surgery or procedure
- You are suffering from Alzheimer’s, dementia, or a mental condition
- You work in a hazardous environment
- You have identified the person you trust with your medical care

Your medical power of attorney will communicate with doctors and work with healthcare providers to ensure that you are receiving the best possible care. They will also be required to follow what is stated in your Living Will.

Your medical POA will have many responsibilities. They will be responsible for:
- Knowing your medical history, medications, and allergies
- Understanding your personal beliefs and medical wishes
- Following directives stated in your Living Will
- Making medical decisions that are in your best interest
- Managing medical personnel that provide your care
- Having access to medical records

You can revoke or change your Medical Power of Attorney at any time as long as you are still considered competent. Provide a copy to your medical providers so that they are aware of the change.

Fortunately, a spouse or close family member is usually permitted to discuss your care and condition with the medical provider. Other times, the family may need to go to court to designate someone as the medical power of attorney. Be proactive and have a plan in place so that your family can avoid time, stress, and money spent in court.

Just like a durable power of attorney, it is easy to create a medical power of attorney using an online resource. Fill out the form, print it, and take it to a notary to be signed in front of witnesses. Sounds simple, but each state has different forms and requirements. 

It is always a good idea to consult with a local professional or estate planning attorney that will be able to ensure the form is filled out correctly, covers everything you need, and is legally binding in your state.

How A Medical Power of Attorney or Health Care POA Protects Rights

Medicare Advantage vs. Medicare Supplement

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Accidents are rarely planned. Neither are illnesses. At their worst, they could leave you incapacitated. Although this possibility isn't pleasant to think about,  you need to plan for the worst if healthcare decisions must be made for you. A medical power of attorney designates a person to make your healthcare decisions if you can't. Here's what you need to know about Medical Power of Attorney. 

Medical Power of Attorney

While the terms “general power of attorney” and “durable power of attorney” sound similar, there are differences that are important to recognize. A general power of attorney will automatically end if the principal loses mental capacity, usually due to an injury or illness. A durable power of attorney will remain in effect until death even if the principal is unable to make decisions on their own unless it is revoked through the court.  

An individual will not be permitted to execute a durable power of attorney if they are considered incompetent.  If you wait, it will have to go through court, which could be costly and time-consuming, putting your needs on hold during that time. Having a Durable Power of Attorney in place ahead of time will help you be prepared for anything.

The most important qualification that the person should have is trust.  It could be a family member or a close friend. This person should be responsible, organized, and able to communicate well. You can choose to have an accountant or lawyer act as your agent if you are unable to identify a trusted individual. An attorney may also be beneficial if you have a larger estate to manage.

A durable power of attorney is often mistakenly referred to as both medical and financial POA, but these are actually separate powers. A Medical Power of Attorney is designated to only make medical decisions on your behalf, leaving the financial decisions for a separate party. Often, an individual will designate one person to be both their Durable Power of Attorney and Medical Power of Attorney, but you can choose two people; one to make medical decisions and one to handle financial and legal needs.

- Pick up and sort mail
- Pay bills, taxes, and medical expenses
- Deposit checks and other bank transactions
- Estate property management
- Collect benefits on your behalf
- Manage retirement accounts
- Operate your business
- Sign documents on your behalf
 
When creating your document, you will be able to choose what kind of power to give to your agent. You may want them to handle all of your financial transactions or you may want to limit their responsibility to specific obligations. You can also grant additional powers or limit specific powers not mentioned.

When creating the Durable Power of Attorney document, you can choose whether you want it to take effect immediately, or if you want it to become effective only if you become incapacitated. If you wait until you are incapacitated, this is referred to as a **Springing Power of Attorney**.

Many people choose this option because they are still able to manage their needs and do not want to give up that power. But, the disadvantage to this option is waiting for a physician to determine if the person is incompetent.

What if you need help on some days but not others? What if you need help with specific things but can handle other things on your own? It may be better to have your Durable Power of Attorney take effect immediately but have this person understand that you would like to handle things as you normally would.

If you still have mental capacity, you can change or cancel your Durable Power of Attorney at any time. If you become incapacitated, it must be done through court. If your family and loved ones do not feel that your agent is acting in your best interest, they may request to revoke the Durable Power of Attorney through court.

A lawyer is not required to create a Durable Power of Attorney. There are many online resources that allow you to create one on your own by answering a few simple questions. Most states require that the document is signed in the presence of a notary. Other states require the presence of one or two witnesses. However, some of these forms may not appropriately represent the details of your estate or cover the legal requirements of your state.

 It is always recommended to consult with a local attorney when designating your Durable Power of Attorney to make sure the forms are filled out correctly, especially if you have a large or complicated estate. An attorney will be able to focus on your specific estate planning needs and address any questions that you may have.


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A durable power of attorney is a document that authorizes permission for an individual to handle the legal and financial needs if they become unable to make their own decisions. This individual is usually referred to as an agent or attorney-in-fact. Without a designated durable power of attorney, your family will not be allowed to make financial decisions for you until you are declared incompetent by the court of law.

Durable Power of Attorney

Individuals will often choose to have a general power of attorney if they do not have the time or knowledge to handle their specific financial or legal needs. If you travel often, it may be helpful to designate an individual to sign or receive important documents on your behalf.

A general power of attorney is effective for your lifetime unless you choose to revoke it. However, their power will not continue if you are unable to make decisions on your own due to an injury, illness, or limited mental capacity. In order for power to continue, the person must be designated as a durable power of attorney.

There are different types of POAs, including general, specific, medical, or durable. When a person is designated a POA, they do not require any specific qualifications. However, hiring a professional may be a good idea if you own a particularly complex estate. Any person you trust can be designated as a power of attorney as long as they are of legal age and mentally competent.


A General Power of Attorney can be granted the same amount of power that you would have on your own. These may include things such as:
- Managing finances
- Real estate transactions
- Managing rental property
- Cashing checks or collecting debt
- Handling business transactions
- Purchasing or selling things 
- Applying for benefits and insurances
- Handling government benefits and taxes
- Making transactions for estates and living trusts

- Testify on your behalf 
- Vote in a public election on your behalf
- Create, change, or revoke your Will
- Designate someone else to become your Power of Attorney
- Render any services under contract
- Take over responsibilities that were designated to someone else

It is your general power of attorney’s fiduciary duty to act in your best interest.  A violation of trust may result in civil or criminal punishment.

Following these steps can simplify the process of setting up a general power of attorney:

1. First, you will need to determine if you actually need a general power of attorney and what responsibilities you want to designate to them. These can be both financial and legal matters. If you only need someone to represent you for a short period of time, a specific power of attorney may be what you need instead.
2. Find the form online. Forms vary from state to state. Consult with an attorney first to determine what form meets your state requirements.
3. Select what power you want them to have. You will have the option to grant additional powers not covered or limit specific powers not mentioned.
4. Print and sign the document. Most states require these documents to be notarized.  Some states will require one or two witnesses present. In some cases, this document will need to be formally recorded by the county. A local attorney will be able to address your specific needs.

Do you need help managing finances, business transactions, real estate, or anything else on a day-to-day basis? If so, then a general power of attorney may be the right choice. If you only need help for a short period of time, consider appointing a specific power of attorney instead.

A specific power of attorney, also referred to as a limited or special power of attorney, appoints an individual to work on your behalf for a specific transaction or for a limited amount of time. For example, if you plan to be out of the country for work or military service, but have a real estate transaction or large purchase happening while you’re away, you may appoint a person to sign and receive documents on your behalf. Their power automatically terminates at the end of that transaction or time period.

As with any legal document, review it with a local attorney to make sure that it meets your specific needs. Remember, you can make your general power attorney your durable power of attorney as well.

Unfortunately, if your documentation does not specify durable, general, and specific powers of attorney, it's terminated if you become incapacitated. Making a Durable Power of Attorney part of your Estate Plan will help you and your loved ones be prepared for the unexpected and avoid a potentially stressful situation in the future.

Contact a local expert to help you get started on the right path to set up a power of attorney today. 

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A general power of attorney works on your behalf for a variety of things. Most manage typical day-to-day needs such as handling finances, business transactions, or buying, selling, and managing real estate.