P.O.A kinds are very crucial to understand because it enables the selection of the one that satisfies your needs best. There exist various kinds of P.O.A. Each kind of P.O.A has a purpose of obtaining estate planning goals set by ensuring your affairs are run appropriately by assigning a proxy to make decisions in circumstances you are not able to decide for your own. Various factors determine the differences between P.O.A kinds, they include; the proxy’s period to decide for you, the extent of the power given to a proxy, limited area of jurisdiction, etc. The kinds of P.O.A are as follows;
1. A Durable P.O.A
A durable P.O.A proxy has powers to decide over your affairs in the event you are not in a capacity to decide, for example when suffering from dementia. To avoid confusion, it is important to note the period for the P.O.A proxy’s validity. Proxies are legally permitted to decide on essential matters like paying bills, handling investments, or even directing your medical treatment.
2. Medical P.O.A
In a medical P.O.A, a proxy manages your medical care and decides on your wellbeing when you are in no position to decide on your own. Agents are also be referred to as health care surrogates. The agent works hand in hand with doctors to ensure the health care performed matches the wishes and needs as required. The agent is aware of the extent of extra means health care associates should apply to sustain your life. A living will effectively express your preferred health care wishes.
3. Financial P.O.A
Financial matters are decided over by a financial P.O.A agent who has authority to handle your financial transactions, this may include, closing a deal concerning assets when you are not able to. It is important to note that an agent in P.O.A is not necessarily an ‘attorney’ as it directly suggests. It is rarely an attorney but a third party of your choice.
4. General P.O.A
A general P.O.A grants proxies the authority to decide over your affairs to a greater extent allowed by the state of law. This may include being; managing fiscal matters, and personal affairs.
A general kind of P.O.A ceases to exist in the event you have regained the capacity to make decisions for yourself or upon your death unless it was indicated in the estate deed to be continuous. Despite the general P.O.A proxy having a high degree of authority over your affairs, certain matters are very personal for them to decide for you. This is among the designation of your beneficiaries etc.
5. Springing P.O.A
Springing POA comes into effect only when a certain situation comes to pass. The said situation is referred to as incapacitation in estate planning. It, therefore, means that a proxy in this type of POA only decides for you upon the confirmation of your incapacity state. This type of POA can be very risky as your affairs might be handled in a manner you never wished them to be handled while your associates try to prove your incapacity state for each person may have their definition of incapacity.
FAQS
1. Can a proxy for a P.O.A allow me to effect changes in my will?
Depending on the purposes of hiring a P.O.A proxy, your Will deeds can be altered or maintained. In an event where you’re rendered incapable of managing your affairs on your own, you won’t be able to change your Will, it might be maintained in the state it is and no new Will can be designated for your sake, instead the estate passes through probate in case you die intestate.
2. Is P.O.A important?
Having a POA is vital as it ensures effective management of your affairs in the event you are not able to make decisions over them. It might be fiscal or personal affairs such as your wellbeing.
3. Do P.O.A agents have limits?
Proxies under different kinds of POA have certain limits over which their decision-making should not exceed. Certain matters are very sensitive and personal and cannot be decided over by an agent.
4. Which kind of P.O.A agent has a high degree of authority?
A general P.O.A proxy has the powers to decide over almost all of your affairs either personal or financial. They are only restricted to not deciding over matters that are too personal such as the designation of your beneficiaries or execution of a Will deed on our behalf.
5. Can someone having a P.O.A proxy do anything they please?
Unless you regain the capacity to decide over your affairs, you will be limited from deciding over issues regarding your finances or health care.
