There are a very large number of various different kinds of power of attorneys.
General
Power of Attorney – In this kind of power of attorney you are actually
naming someone to act for sure in your place if you cannot act for
yourself in any case. They are known as an agent.
Limited Power
of Attorney: in this kind of power of attorney you have basically
limited the amount of power your agent has over each and every affair of
yours. For instance you are giving your agent the access to your bank
account only. An example of this kind of power of attorney is the
Springing Power of Attorney. This kind of power of attorney becomes
effective only if you become incapacitated. But this kind of power of
attorney is no longer being recommended. The reason behind this is the
Health Insurance Portability and Accountability Act. This act says that
all your medical records remain completely private unless the written
consent is given.
Also under the Springing Power of Attorney if
your agent cannot get the medical records in order to prove that you are
really incapacitated, then your agent cannot even act as an agent. It
does not matter at all whether you have a limited or a general power of
attorney, do always make sure that there is a clause giving your agent
the full authority to have access to your medical records if he/she has
to prove that you are incapacitated if a situation comes up.
Durable
Power of Attorney is one more item that you need to include. This
simply means that there is language built stating that it is viable even
upon your incapacitation. Almost all the various different kinds of
power of attorneys become void and null upon death or incapacitation.
Even if you have a limited or a general power of attorney,
do make sure always that it is durable. The will really makes sure that
it is still valid upon death or even upon incapacitation. Make sure
that the attorney you choose knows the difference between all the
various different types of power of attorney before hiring him or her.
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2/20/14
Power Of Attorney and Its Various Different Types
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