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What’s A POA And Do I Need One?

No one, whether they reside in Connecticut or elsewhere, wants to think about what they would do if they became incapacitated. This happens, though, often when people least expect it. While hard to think about, not taking the time to make a plan for how to handle personal affairs can be a mistake and cause difficulties in the future. Estate planning and creating a POA could help prevent problems down the line.

What exactly is a POA? Is it difficult to create one? Do I really need it?

 

A POA is…

POA is short for power of attorney. This is a legal document in which you, the principal, give rights and privileges to another person to make decisions for you in the event that you cannot. There are two basic types of powers of attorney:

  • Health Care: This you assign to the person you want in charge of making medical decisions for you — such as what care is acceptable or if life-saving measures are necessary.
  • Financial: This you assign to the person you want having control of your monetary affairs. This person can pay your bills, access all your financial accounts and may even sell your assets — among other things.

You can assign one person to handle both rolls or you can name different people to each roll; it is up to you. At the end of the day, you have to feel comfortable with whom you allow to take care of your affairs if you no longer can.

 

POA creation

Creating a POA is generally not very difficult. It is a matter of filling out the appropriate documents with the names of the agent or agents. To be valid, you must sign the document with witnesses and a notary present.

Often, the hardest part of the POA creating process is selecting to designate as your agent and documenting all your wants and wishes for your health and financial well-being. Granting a POA does not give the agent unlimited power. You can set limits, and the state also has limits in place to protect you if this person ends up abusing his or her position.

Attorneys can assist individuals with issues related to forming a POA.

 

Living without one

A lot of people do not have powers of attorney in place. If anything happens to these individuals, family members may have to make decisions for them. If family members end up fighting about what to do, the issue may go to court for a judge to decide. So, you could live without one if you are okay not having a say in the treatment of your assets or medical care.

A POA can be a good tool to have in your legal arsenal. It could help protect you and your assets. It can also help prevent conflict between family members. at you cannot. There are two basic types of powers of attorney:

  • Health Care: This you assign to the person you want in charge of making all medical decisions for you — such as what care is acceptable or if life-saving measures are necessary.
  • Financial: This you assign to the person you want having control of your monetary affairs. This person can pay your bills, access all your financial accounts and may even sell your assets — among other things.

You can assign one person to handle both rolls or you can name different people to each roll; it is up to you. At the end of the day, you have to feel comfortable with whom you allow to take care of your affairs if you no longer can.

 

POA creation

Creating a POA is not very hard. It is a matter of filling out the appropriate forms with the agent or agent’s names. To be valid, you must sign the form with witnesses and a notary present.

The hardest part of the POA creating process is selecting who your personal representatives will be and documenting all your wants and wishes for your health and financial well-being. Granting a POA does not give the agent unlimited power. You can set limits, and the state also has limits in place to protect you if this person ends up abusing his or her position.

 

Living without one

A lot of people do not have powers of attorney in place. If anything happens to these individuals, family members may have to make decisions for them. If family members end up fighting about what to do, the issue may go to court for a judge to decide. So, you can live without one if you are okay not having a say in the treatment of your assets.

A POA is just a good tool to have in your legal arsenal. It can protect you and your assets. It can also prevent conflict between family members.

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Holth & Kollman, LLC

58 Huntington Street
New London, CT 06320
Phone: 860-440-7082
Fax: 860-443-5160

58 Huntington Street
New London, CT 06320
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Phone: 860-447-0331
Fax: 860-443-5160