UNDERSTANDING THE LIMITS OF A POWER OF ATTORNEY IN NC by Board Certified Elder Law Attorney Amanda Owens
Jan 30, 2024
Are you making a plan to set up a Power of Attorney (POA)? It is a powerful tool, but understanding that it is not a one-size-fits-all document is key! Here are a few quick things to consider:
Limitations of a POA: Things to know
- My Decisions, My Power: Its’s crucial to understand that appointing someone as your agent under a POA doesn’t mean they have the authority to override your decisions.
- Specific Powers: A POA only grants the powers explicitly stated. A well-written document to reflect your wishes is vital.
- Limits to Authority: Your designated agent should be bound to your wishes and instruction. They are there to act in your best interest, not to impose their preferences over you!
- Your Autonomy Matters: Remember, the POA does not grant absolute power to the agent, it is a tool for assistance.
A POA is a tool for empowerment, not override. Be informed, stay empowered, and ensure your decisions are respected.
When Will It take Effect: You Decide
- Immediate: Some POAs kick in as soon as they are signed.
- Springing: Others activate only when conditions you set are met.
- Timeframe: Some POAs have an expiration date or can end on a specific event. Make sure you discuss with your legal professional your timeframe.
Make sure you understand the difference and discuss with your legal professional what is right for you.
What if I already have a POA?
Take a moment to review the document and seek advice if:
- You need clarification as to the contents.
- Your life situation has changed and updates are needed.
Sometimes things change and your legal documents need to change with them. It is important to seek legal advice to properly revoke your POA or make updates. Remember a POA can be a game-changer, but understanding the document and sitting down with a legal professional to understand what options are right for you is your best play!