How to Power of Attorney

Whether you have a loved one ailing, or a loved on in the Military being deployed, filing for Power of Attorney can be a huge help along the way.
Being married along does not secure you any legal rights, as another family member such as a parent can step in even if it isn't the wishes of your loved one. Arrangements must be made before disasters or deployments happen and decisions must be made by a party who has the individuals best interest in mind and can follow that individuals wishes as they are intended.

There are several different kinds of Power of Attorney which I will explain;

There are three main types of power of attorney:
1. General power of attorney. This is the broad document, in which one provides the attorney the right to act on his behalf on all or most financial matters. The general power of attorney is usually used when one is unable to handle his affairs, be it for physical or mental reasons.
2. Special power of attorney. This is a narrow document, in which one provides the attorney the right to act on his behalf on a specific issue. For examples: giving your agent the power to sell your car.
3. Health Care Power of Attorney. This document is used when you want to give your attorney the power to make health care decisions for you, in the event you are unable to make such decisions because of the state of your health or mental fitness.

Each case whether it is an ailing loved one, must be evaluated to see which Power of Attorney applies and must be utilized. Durable Power of Attorney sometimes is best and applies to a broad spectrum of legal issues.

If you have a loved one being deployed, even if you are married, or dating, you may not have ALL of the legal rights you think you do. Being married doesn't give you a free pass to handle someones personal affairs, finances, bills or obligations while they are ill, or deployed. If you have a loved one in the Army, Navy, Air Force or Marines, deployment can last a year or more. That is a really long time for someone to be away and not be able to handle affairs in the States, someone needs to be there that they can trust to help them. If you are not on a Bill, or signed onto an account you won't have any access to it and without a power of attorney, you are looking at a lot of red tap, especially if an emergency comes up. If your loved one is deployed and suddenly your kids get sick or something happens and you need money quick and you must sell a vehicle that is in your loved ones name, you cannot do it without power of attorney, even if your loved one says, YES sell the car! It's not happening.
If your loved one, god forbid, passes away while on duty or while away from home, or from illness, their wishes may not be carried out. You may know what their wishes are and attempt to carry them out but a surviving parent can legally step in and take over.
Definitely something to think about and consider.

Things You'll Need

• Willing party
• Attorney
• Court Fees

Instructions

1. 

   Speak to your loved on and discuss in depth their concerns, and wishes. If a loved one is ailing or about to be deployed, you need to take care of these matters before death, or deployement. If a loved one is ailing, and the proper legal documents are not taken care of before they are unable to make decisions regarding their health or personal affairs, there will need to be a conservatorship hearing without a Power of Attorney. Courts will decide who will be put in charge, regardless of the individuals wishes.
   If your loved one is to be deployed, discuss in depth their wishes while they are away and what needs to be taken care of, paid for, addressed or arranged. Discuss the difficult topics too, in case of death what do they want taken care of and the details of what their wishes are. These are all important in carrying out Power of Attorney. The point is to carry out the individuals wishes and respect them.

2. 

   You can go to any courthouse and ask for a Durable Power of Attorney Document, download one on-line for free by using an Internet Search Engine such as Yahoo or Google, save some money and time. You can also contact an Attorney to set it up for you. Either way you HAVE to file with the Courts of the County in which you reside. Once you file, it must go on record and the individual who is giving power of Attorney must give a written and VERBAL record on Audio for the court to keep on file. Once processed and filed you will receive documentation to save for your records.

3. 

   Once you have filed and receive all of your documentation, while your loved one is Ill or Deployed, you are going to need to take these documents almost everywhere with you. Even paying a Utility bill that is in their name will require proof of Power of Attorney. This will avoid a lot of red tape, arguing and upset. If you decide to go Pro Se and do all of the documents yourself without an Attorney, still consult an attorney to ensure you have all of the proper legal documentation you will need. Never trust a do it yourself kit from an Office Store, they don't always have everything you need in them, it will vary by state.

Tips & Warnings

• Always consult an Attorney if you have questions.

• Do your research!

• Make copies, and LOTS of them. Keep a back up copy in case of an emergency.

• Never give out information or give legal documents to anyone.