What Is a Power of Attorney?

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Posted on: May 16, 2022 | by: Graber & Johnson Law Group, LLC
A power of attorney is a legal document with which a principal authorizes an agent to act on the principal’s behalf and for the principal’s benefit.

Nj.com’s recent article entitled “What does becoming someone’s ‘power of attorney’ mean?” explains that a power of attorney (POA) is a legal document through which a principal states that his or her trusted  agent may act on his or her behalf and for their benefit.

A power of attorney is usually centered on addressing the principal’s financial matters, such as banking, paying taxes and selling or buying property.

A power of attorney can be “springing,” so that it becomes effective only when the principal becomes incapacitated. A springing POA provides that an agent can’t act until the principal is determined to be incapacitated based on the criteria listed in the POA.

The “springing POA” frequently says the determination of incapacity will be made by the principal’s spouse and a licensed physician, or two licensed physicians.

There is also what is known as a medical power of attorney or healthcare power of attorney. This is a legal document through which a principal authorizes an agent to make medical decisions for him or her, when they’re incapable of making the decisions for themselves.

In either event, the agent doesn’t become personally responsible for the financial expenses incurred by the principal, unless the agent agrees to take such responsibility in his/her individual capacity.

It is, therefore, important to execute documents as an agent and indicate you’re doing so as an agent.

For example, you, Jim Smith, would sign for principal Mary Smith as follows: “Mary Smith, by Jim Smith, attorney-in-fact,” or “Jim Smith, as agent for Mary Smith, under power of attorney.”

When signing a contract with respect to nursing home care, be wary of agreeing to individually be the “responsible party.” That term may be defined to assign additional obligations, meaning being responsible for the bill. Also, you should talk to an elder law attorney before signing up for nursing home care, if you intend to apply for Medicaid.

Remember to sign everything as agent under the power of attorney.

Reference: nj.com (April 12, 2022) “What does becoming someone’s ‘power of attorney’ mean?”

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