Assigning a trusted power of attorney (PoA)

An incompetence plan is important to ensure that you make strategies in case you are unable to manage your affairs.

We all know it. But thinking is unpleasant and hard to do.

An important part of incompetence planning is to assign a power of attorney (a legal document that gives others the right to act on your behalf), but that is also the biggest hurdle. Think more about what you chose and what they are authorized and you can confidently feel comfortable to complete the plan.

Choose your lawyer

It is essential to choose a person to trust to assign a power of attorney. Acting as your lawyer involves important obligations and obligations. Your most important duty is to act honestly, sincerely, sincerely if you become incompetent.

The law imposes certain obligations on the person chosen to hold your power of attorney. Among others, they are:

• Explain ability and obligation to incompetent people
• Urge people with lack of capacity to do their best in their abilities to participate in decisions on their property
• Promote regular personal contacts between incompetent people and supportive families and friends.
• Please consider all transactions on the property of the grantor.

Lawyers acting on behalf of you must know these rules. You also need to be aware of the other rules stipulated by the law.

For example, they are expected to ensure that you have a will, and if so, they are expected to know the provision. The main reason for this is that, unless a lawyer needs it, you must not sell or transfer property to receive a specific gift of will.

This action also includes explicit instructions on necessary expenses and optional expenses. An example of the latter includes philanthropic projects with similar expenses as long as disabled people have sufficient assets available. Your lawyer must also be familiar with the rules on when and how you can resign, what kind of compensation you can receive, and the rules of care standards expected of them.

Protection of real estate

By appointing more than one person, you can also create a direct opinion on the letter of attorney. If you name two or more people, if there is no other document state, you need to act on a unanimous basis.

Co-designation provides certain protection in that a designated attorney must agree to all litigation. On the other hand, "appoint multiple" in cooperation, lawyers can do business independently.

Many people choose to choose the same person or trust company to be a lawyer and its executives. There is no need to do so, but the same list of key practices such as expertise, availability, accountability, reliability apply to both roles.

It is also possible to limit the authority given to a lawyer. Limited or limited authority of a lawyer is worth considering if a lawyer wishes a lawyer to act only on a specific period (vacation or hospitalization) or a specific transaction (termination of a real estate transaction).

In the case of a general continuous power of attorney, many people want to use that document only if they are unable to manage their own work.

Documents take effect at the time of signature, but it is possible to include clauses to hand over to future dates or occurrences of specified conditions (eg, giver has stroke). These are sometimes called attorneys.

Regardless of how you prepare a lawyer's document, carefully considering using the safeguards available to you and the available safeguards will ensure confidence in incompetence plans It helps.

Common mistake to avoid

1. Rapid decision: Many people do not think about financial capability choices, the ability to name PoA and go with other families is much lower.
2. We assume family is always the best choice. It is much more important to choose people who make the most of their client's interests.
3. Waiting too long: If there is a problem that the capacity has already decreased, there is a possibility that it is too late to make a power of attorney.
4. Do not review it: Changing the situation of life or the new provincial law may invalidate the old PoA.

Plan for disability

Your real estate plan will not end with the latest will. We also need to predict the possibility of incompetence in the future. This usually means preparing the attorney's authority for both real estate and personal care.

Power of attorney is a legal document that gives others the right to act for you, there are two main types, one for property management and one for personal care.

Will and the real estate planner generally advise to prepare both types of power of attorney. They are often created at the same time as your will, but you can create them at any time.

Personal care

With a power of attorney for personal care you can give others the authority to make decisions about your personal care if you can not make yourself yourself.

If you are at least 16 years of age or older, you can give the lawyer the authority for personal care and for your welfare "Ability to understand if the proposed attorney has genuine concern Having a lawyer decided.

Personal care includes decisions concerning medical, nutrition, shelter, clothing, hygiene and safety.

Property

Continuous property delegation will allow you to do something about your property.

The law states that if you are at least 18 years of age and know the type of property you possess and its rough value and you are aware of your duty, you can grant the right to represent the property For your dependents.

The term "continue" (sometimes referred to as "permanent") refers to a power of attorney that is exercised while the grantor is inevitably impossible for managing property. Please state in the document that you only use a power of attorney if you become incompetent.

What you need to know

Attorney's continued authority over property is a powerful document. Unless otherwise stated in this document, when signed it is effective and given free authority.

In fact, this act explicitly requests that you have misused this authority. Also, as part of the ability test to recognize a continuous power of attorney, if not properly managed, you must recognize the property you own as worthwhile.

Financial institutions, land courts or other third parties who have inherited lawyers of property with effective restrictions only in the case of lack of abilities of the transferee would like to prove their inability.

The evidence may be difficult to obtain. One solution is to set usage conditions in a separate document and keep all original documents of the power of attorney by a trusted third party. For example, you can direct the publication of a document only in the following cases:

• You want lawyers, he or she will start acting.
• You are legally declared that you can not manage your property.
• One or more doctors will advise you to benefit from your administrative aid. Egypt
• Certain families advise that attorneys should begin action.

Directionality is not expensive

If you fail to create a lawyer's document, you may apply to the court before someone makes a decision for you. It confuses you when you are not in a physical form. Executives have the authority to act after you die, so having a will does not help.

In addition, the court process may cost and time. In some circumstances, public guardians and administrators may have to be involved.

There is no opportunity to appoint a selected person or company, and it is not possible to set parameters related to decision makers' behavior.

Related Photos