Life is unpredictable, and there may be a time when you lose the capacity to make certain choices. If that ever happens, a person with power of attorney can step in and make sure your best interests remain a priority. If you need help drafting a power of attorney, turn to John Bach in Goshen, NY. He has over 41 years of experience and can help you with everything from real estate law to family law, whether you want to create a living trust or file for divorce.

A power of attorney, or POA, is a legal document that allows capable individuals to name someone as their representative to enter into agreements on their behalf. Here are three frequently asked questions about drafting a POA:

How Much Authority Does An Agent Have?

There are two types of powers an individual can assign. A general power of attorney grants an agent the ability to make all the decisions the individual can make. If the power of attorney does not grant the agent general powers, it is called a limited power of attorney, and it must specify which particular powers are granted.

Can An Agent Act If The Individual Is Incapacitated?

A durable POA means the agent continues representing the individual even after incapacitation. A non-durable power of attorney means the person named cannot act if the individual is incapacitated. For example, if you grant your realtor the right to sell your home through a non-durable power of attorney and you are in a car accident that leaves you comatose, that right is terminated.

When Does The Power Of Attorney Go Into Effect?

The POA document must state when the agent’s authority becomes effective. If you want the agent to begin acting on your behalf as soon as possible, you may establish standing powers, which go into effect as soon as you create them. A springing power of attorney, on the other hand, only takes effect if certain conditions occur.

If you want to create a will or draft a power of attorney, John Bach in Goshen, NY, will help. Visit his website to learn more about his areas of practice or call him at (845) 294-7941 to schedule a consultation today.