San Francisco real estate
An important part of lifetime planning is the
Power of Attorney.
by Jeffrey Broobin
An important part of lifetime planning is the
Power of Attorney. Valid in all
states, these documents give one or more persons the power to act on your
behalf. The power may be limited to a particular activity (e.g., closing the
sale of your home) or general in its application, empowering one or more persons
to act on your behalf in a variety of situations. It may take effective
immediately or only upon the occurrence of a future event (e.g., a determination
that you are unable to act for yourself). The latter are "springing" Powers of
Attorney. It may give temporary or continuous, permanent authority to act on
your behalf. A power of attorney may be revoked, but most states require written
notice of revocation to the person named to act for you.
The person named in a
Power of Attorney to act on your behalf is commonly
referred to as your "agent" or "attorney-in-fact." With a valid Power of
Attorney, your agent can take any action permitted in the document. Often your
agent must present the actual document to invoke the power. For example, if
another person is acting on your behalf to sell an automobile, the motor
vehicles department generally will require that the Power of Attorney be
presented before your agent's authority to sign the title will be honored.
Similarly, an agent who signs documents to buy or sell real property on your
behalf must present the Power of Attorney to the title company. The same applies
to sale of securities or opening and closing bank accounts. However, your agent
generally should not need to present the
Power of Attorney when signing checks
for you.
Why would anyone give such sweeping authority to another person? One answer is
convenience. If you are buying or selling assets and do not wish to appear in
person to close the transaction, you may take advantage of a
Power of Attorney.
Another important reason to use Powers of Attorney is to prepare for situations
when you may not be able to act on your own behalf due to absence or incapacity.
Such a disability may be temporary (e.g., due to travel, accident, or illness)
or it may be permanent.
If you do not have a
Power of Attorney and become unable to manage your personal
or business affairs, it may become necessary for a court to appoint one or more
people to act for you. People appointed in this manner are referred to as
guardians, conservators, or committees, depending upon your local state law. If
a court proceeding, sometimes known as intervention, is needed, than you may not
have the ability to choose the person who will act for you. With A Power of
Attorney, you choose who will act and define their authority and its limits, if
any.
What if I move? Generally, a Power of Attorney that is valid when you sign it
will remain valid even if you change your state of residence. Although it should
not be necessary to sign a new Power of Attorney merely because you have moved
to a new state, it is a good idea to take the opportunity to update your Power
of Attorney.
Will my Power of Attorney expire? Some states used to require renewal of Powers
of Attorney for continuing validity. Today, most states permit a "durable" Power
of Attorney that remains valid once signed until you die or revoke the document.
However, you should periodically meet with your lawyer to revisit a Power of
Attorney and consider whether your choice of agent still meets your needs and
learn whether developments in state law affect your Power of Attorney.
Note that Legalhelpmate.com (http://www.legalhelpmate.com/power-of-attorney.aspx)
provides an easy-to-use, quick, and economical online method for creating
completed legal documents for any occasions.
Jeffrey Broobin is a free-lance writer on family and finance issues; his main
goal is to help people during their complicated period of life.
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