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The Importance of Having a Power of Attorney

A Power of Attorney (POA) is a legal document that allows an individual (the principal) to appoint another person (the agent or attorney-in-fact) to manage their affairs if they become unable to do so. This can be due to illness, absence, or incapacity. It is important to note that a POA cannot be signed after an individual loses capacity. Here are some reasons why having a POA is important:


1. Decision Making

A POA allows your chosen agent to make decisions on your behalf. This can include financial decisions, such as managing your bank accounts, paying your bills, and handling your investments. It can also cover personal decisions, such as healthcare choices if you’re unable to make them yourself.


2. Assisting Your Child At College

A POA with healthcare terms allows you to assist your adult child with healthcare decisions and banking while he or she is at college.


3. Avoiding Court Intervention

Without a POA, if you become incapacitated, your family may need to go to court to get permission to manage your affairs. This can be a lengthy and costly process. Having a POA in place can avoid this hassle and expense.


4. Flexibility

A POA can be as broad or as narrow as you want it to be. You can give your agent general powers to handle all of your affairs, or you can limit them to specific actions. You can also choose when the POA will take effect, either immediately or upon your incapacity.


5. Peace of Mind

Knowing that someone you trust is ready and able to step in and manage your affairs can provide peace of mind. This is especially true if you have health concerns or if you travel frequently.


6. Protecting Your Interests

Your agent has a fiduciary duty to act in your best interests. They must manage your affairs prudently and keep accurate records. If they fail to do this, they can be held legally accountable.


In conclusion, a Power of Attorney is a powerful tool that can ensure your affairs are managed according to your wishes, even if you’re unable to manage them yourself. It’s a key part of any comprehensive estate plan. Call Clark Esquire Group today to create a Power of Attorney. 732-930-3160

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