Last Will v. Power of
Attorney
A Power of Attorney is a separate legal
document. It can be "limited" or "durable." As the name
suggests, a Limited Power of Attorney gives
limited powers to a person you trust, called attorney-in-fact or agent,
for a limited time. Furthermore, a limited power
of attorney is not effective if you
become incapacitated. A limited power of
attorney can be used if you want someone you
trust to act on your behalf in specific
financial and legal matters while you are
temporarily unavailable (e.g., gone in vacation,
short-term hospitalization, etc).
A Durable Power of Attorney is called
"durable" because it is effective also upon the
incapacity of the principal; that's you, the
person making the power of attorney. You can
give broad authorization to someone you trust to
take care of your financial and legal matters
when you no longer can. If you are of sound
mind now, but you anticipate to be incapacitated
because of a chronic or serious illness, or simply because
of old age, this is the power of attorney you
need. Even if you do not expect to be
incapacitated in the near future, most experts
would agree that an estate plan is not complete
without a durable power of attorney - an
important tool needed to plan for the
unexpected. LegalArrow®
can help you create a limited or a durable
power of attorney.
