How to Obtain a Lasting Power of Attorney
A lasting power of attorney is a legal document that gives someone else the right to make decisions on your behalf. Unlike a regular power of attorney, which expires when an individual becomes incapacitated or dies, a lasting power of attorney allows the attorney-in-fact, or agent, to continue to act even after the donor becomes incapacitated. A lasting power of attorney is more commonly used in the United Kingdom and Canada. In America, a power of attorney that gives another the right to make decisions in the event of a donor's incapacitation is called a durable power of attorney.
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Instructions
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Understand the two different types of lasting powers of attorney. Lasting powers of attorney are either limited to decisions regarding financial affairs, such as selling property of managing bank accounts, or health care decisions, such as medical treatment and end-of-life issues.
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Put it in writing. A lasting power of attorney must be in writing. There are many forms on the Internet for creating a lasting power of attorney, as well as a durable power of attorney. These forms are usually free and allow you to choose your location and the power of attorney form that best suits your legal needs.
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Use the correct language. A lasting power of attorney must specifically state that it is intended to last beyond the donor's incapacitation or when the donor is either physically or mentally unable to make decisions for herself in the future.
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Sign and date the power of attorney in front of a witness. A lasting power of attorney must be signed and dated by the donor and in the presence of witnesses. The donor must be mentally competent at he time he or she signs the power of attorney. The donor's signature should also be notarized.
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Consult with an attorney. Because a lasting power of attorney grants the recipient significant power over your financial and medical affairs, it is in your best interest to consult with an attorney before obtaining or creating a power of attorney to ensure that your rights are protected.
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Tips & Warnings
A lasting power of attorney can be revoked at any time as long as the donor is mentally capable.
In the United Kingdom, a lasting power of attorney must be registered with the Office of the Public Guardian. There is no registration requirement for a durable power of attorney.
References
Resources
- Photo Credit signing a contract image by William Berry from Fotolia.com
