A power of attorney document gives someone the legal right to act on another person’s behalf. The person granting the power of attorney is called the principal, while the person given the power is called the agent.
To implement a power of attorney a person must:
- have the document signed by a notary;
- be at least 18 years of age;
- be of sound mind and understand what they are doing when signing the power of attorney; and
- file a power of attorney document in each county their property is located (if they are entrusting their agent to conduct real estate matters).
Types of Power of Attorney
Depending on a person’s situation, there are a few types of power of attorney to implement.
- Limited Power of Attorney
This type of power allows for someone to act on another’s behalf in a limited capacity. For instance, someone might give another person the right to sign a deed to a property on their behalf when they are out of town.
- General Power of Attorney
Unlike the limited power of attorney, a general power allows the agent to have control over the same rights as the principal. For example, it could give the agent the ability to pay bills, sign legal documents, and/or conduct important transactions. This type of power of attorney ends upon the principal’s death, incapacitation, or their rescind.
- Durable Power of Attorney
A power of this type can be either limited or general, however it will remain in effect after the principal becomes incapacitated. Without this and a principal becomes incapacitated, no one can represent them unless a court appoints a conservator. This power of attorney remains in effect until the death of the principal (unless previously rescinded).
- Springing Power of Attorney
This type of power only goes into effect if the principal becomes incapacitated. If a person decides to create a springing power of attorney, they should be clear about what they consider incapacitation.
Our Firm Can Ensure Your Needs Are Heard
Establishing a power of attorney can save you and/or your family a lot of time and stress. At The Springer Law Firm, our attorneys have an extensive understanding of all topics concerning powers of attorney. We can help you construct a strong power of attorney document that fits your specific needs.
Call our firm today at (281) 990-6025 or contact us online for your consultation.