However, the law does not allow him/her to transfer any of your properties to any other individuals, even your children. Always seek the assistance and guidance of your private attorney when making or drafting the content and provisions of your power of attorney. It is more recommended that you do so especially if the document would involve your properties, savings, and income. The following are the essential considerations that you need to think about when creating a financial power-of-attorney document: 1. The need for a POA Do you think you need help with handling your financial affairs? There are certain situations in which powers of attorney are not needed. For instance, if you own a big estate, you may be better off preparing a revocable living trust that offers great tax benefits and fits your needs. Although power of attorneys are often given for a specific period of time, some principals, or those who are giving the power of attorney, can extend the contract until something happens to them like when they become terminally ill or when they become gravely injured. This however should be plainly stated on the contract for the power of attorney. The power of attorney is usually used to handle financial or business affairs when the principal is not available or incapacitated. There are power of attorney documents which allow the agent to continue being authority even the principal is no longer mentally capable. However, in elderly cases, power of attorney could be abused. Consider a Health Care or Medical Power of Attorney If you have already reached the prime of your life, it is a wise move to create a power of attorney that designates a trusted person who will make choices regarding your health care and finances on your behalf when you are no longer mentally capable of doing so. This agent is allowed to handle all the principal s finances except the assets owned by the revocable living trust. Examples of assets outside the living trust include pension plans, annuities, and IRAs (individual retirement accounts). These assets are managed by the attorney-in-fact designated by the principal who owns the assets.
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