What is a Power of Attorney (POA)?
A legal document in which the “Principal” appoints an “Agent” with the authority to act on his or her behalf in financial matters. An Agent’s authority under a POA may begin immediately or upon the happening of a particular event or a particular date. A springing Durable Power of Attorney becomes effective upon the incapacitation of the Grantor.
How does a POA plan for incapacity?
A POA plans for incapacity if it is “Durable,” because it allows the Agent to act on behalf of the Principal if the Principal becomes incapacitated. Someone is incapacitated when a treating physician, under penalty of perjury, states such in a signed writing. Without a POA, it may be necessary for family to petition the probate court for conservatorship over an incapacitated individual in order to legally act on his behalf in financial matters.
Available in estate plan packages or as an individual document. See investment page for pricing.