What is a Power of Attorney?

A power of attorney is a legal document that gives someone the authority to act on your behalf. You can get a continuing power of attorney for property and a power of attorney for personal care. The continuing power of attorney for property authorizes someone to manage your finances or property on your behalf without becoming an owner of any of your finances or property. The power of attorney for personal care, gives someone the authority to make health and other types of personal and non-financial decisions for you, if you become mentally incapable of doing so for yourself.

Continuing Power of Attorney for Property

When it comes to a continuing power of attorney for property there are two different types that you can authorize. The first, is a power of attorney that deals with a specific asset or task, which allows your appointee to only manage that property or task. This type of power of attorney for property can become effective as soon as you sign the document, or it can start on a specified date in the document.

The second, is a general continuing power of attorney that permits the attorney to do all you can do, except make a will. The continuing power of attorney in a dangerous document in the wrong hands, as they can wipe you out financially. The attorney that does that can be criminally charged for breach of trust, but that does not give you back your money or your property. Also, the continuing power of attorney is typically effective as soon as you sign it. There is always a possibility of indicating effectiveness, only when you become mentally incompetent. However, indicating this is so paralysing, in that whenever the power of attorney is required to be used, you need a doctor's letter indicating that you remain mentally incompetent. The problem with this is you can't use the power of attorney without a doctors letter each time, and as you well know the doctors are not readily available and if you can finally get to meet the doctor, they will tell you they are not prepared to sign such a letter as they have not seen the patient recently and cannot confirm if you are or continue to be mentally incompetent.

Power of Attorney for Personal Care

When it comes to a power of attorney for personal care, it only becomes effective when you become mentally incapable, meaning when you are unable to make personal care decisions for yourself. Personal care ranges from healthcare and treatment, shelter, nutrition, clothing, hygiene, and safety.

Connect With Suzanne Desrosiers Professional Corporation

Make sure the person you are appointing as your attorney under a power of attorney, whether it be for property or personal care, is trustworthy, reliable, and willing to take on the responsibility. If you have any questions regarding powers of attorney, please feel free to reach out to Suzanne Desrosiers Professional Corporation by calling us at (705) 268-6492 or emailing us atinfo@sdlawtimmins.com and we would be more than happy to help!