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2007-02-10 06:40:41 · 6 answers · asked by rdoyle2999@rogers.com 1 in Politics & Government Law & Ethics

6 answers

Yes, but you don't need a kit.

A Power of Attorney is a legal document that lets one person transfer his or her legal rights to someone else. Usually these rights are described in the Power of Attorney and a good Power of Attorney is a limited on. The person who transferred their legal rights has the power to cancel the Power of Attorney at any time, provided they are in sound mind.

When I was in the US Army we used power of attorneys a lot. If a solider had a car in his name then if he shipped it back to the states for someone else to pick up then he needed a power of attorney. If a soldier was gone; on assignment, overseas, in the field, or in a combat zone then he typically gave a power of attorney to his wife letting her handle all of his affairs while he was gone.

The power of attorney needs the following:

I __name of person transferring their rights_ do grant a power of attorney to __name of the person who receives the transferred right__ so that they can handle all of my affairs.

Signature of person transferring their rights followed by the date signed.

It is wise to get the document notarized and copies made. The kind of power of attorney I described above gives someone else ALL of their rights. A limited power of attorney is better, as is a specific power of attorney.

I __name of person transferring their rights__ do grant __name of person receiving those rights__ a power of attorney to handle __specify the exact rights given__ until such time as I cancel the power of attorney or after __a limited amount of time__ (Normally 6 months).

Signature of a person transferring their rights followed by the date signed.

These two power of attorneys are just as valid as any written by a lawyer, a legal clerk, a legal student, your mother or your friend next door. You need a lawyer if the language is going to be complex, so he can eliminate any loopholes. For example if I wanted to let a person sell my car, but I didn’t want them to keep my money, and I didn’t want them to sell it for less than a certain price. I could write my own power of attorney limited these rights, but I might leave in a loophole where the person could sell it for scrap or to a friend for less than what I wanted paid. The more complex the power of attorney the more chances of having a loophole sneak in. But, a simple one like the examples I gave above are very hard to bend or break.

The same is true with a will. I had a lawyer draw up my will and then named some people to control my estate. I wanted to divide up the estate and suggest who should get what. He told me that I was trying to control people from the grave. I probably said that because he wanted to finish the will quickly, but I realized that with time circumstances change as well as what I might want done. Rather than writing up a new will every time I just named a person as the executor of my estate and gave them full powers to handle it. That was a simple document and perfectly valid; something that I could have easily drawn up myself. I made my will valid by having it notarized (the lawyer did that for free) and making copies for each person I named in the will and finally filing a copy with the county where I lived. So a court could find that record and enforce my will if a problem came up. That’s all I needed to do. You want to include the phrase “This is my will and last testament” so that the most recent document will supercede any others. You want to include the phrase “being of sound mind and body” so someone can’t accuse you of writing the will when your mind is unable to handle the situation properly.

As for medical care, I had a durable (good for a long time) power of attorney made for my sister and brother-in-law to handle my health care decisions. Once, I made a mistake with my medications and ended up in the hospital. I gave the paramedics my contact number for my brother-in-law and my sister and passed out. They came to the hospital, with the power of attorney, ready to make the necessary decisions, but they were told that when I gave out their number as my contact number I automatically granted them the power to make those decisions. Still the power of attorney for them was nice, it said that I wanted heroic measures used to save my life, but in the event that two doctors saw no meaningful recovery my family could order the life sustaining machines turned off. Then I told them what I wanted done with my body. I figured that I was done with is and rather than bury it or burn it up that they should donate my body to science. Every single doctor needs to take a practical anatomy class and they need a fresh corpse to dissect. So I figure that if I no longer need my body then it can be used to teach others and make better doctors; after all nothing beats hands on experience.

The gold rule in writing a will or power of attorney is KISS: Keep it simple silly.

2007-02-10 07:05:13 · answer #1 · answered by Dan S 7 · 0 0

A power of attorney is a document by which person A grants to person B the power to do that which only person A is normally allowed to do. One exception to this is making a will. A person cannot make a will that will bind someone else's estate.

I suppose a downloaded kit could be legal, but why take the risks. Powers of attorney are very powerful documents and you would be well served to have some legal advice. The person accepting the power may also want to have advice, as they are undertaking duties and have to discharge them properly.

In BC, the Power of Attorney Act has forms attached as schedules. If your situation is straightforward, why not just use one of those? You can find that act on the 'net.

2007-02-11 08:15:59 · answer #2 · answered by Eric W 3 · 0 0

If you are talking about durable power of attorney papers for health care purposes (such as life support, feeding tubes) if the patient is not able to make his/her own decision, yes they are legal. I filled mine out, had them signed by the designated persons, and then I took them to my bank and had a notary public sign and stamp them.

2007-02-10 06:53:07 · answer #3 · answered by missingora 7 · 0 0

The POA isn't precisely comparable to him being there. And the financial corporation, regrettably for you appropriate now, has the excellent to no longer settle for a POA. If JAG issued the POA they could be waiting to touch the financial corporation supervisor for you and permit him comprehend how they went approximately verifying the service member's identity for the POA and that would set the financial corporation's concerns to chill out. you in addition to mght would offering to deposit the money interior the financial corporation until the verify clears. it might recommend waiting longer for the money besides the undeniable fact that it might desire to be that the financial corporation basically would not choose to money a verify that it feels would have a brilliant gamble of being undesirable and then having to combat with your DH to get the a reimbursement. in the event that they are going to permit you deposit the verify with a carry on the money you will would desire to look ahead to the money besides the undeniable fact that it may be on that's way it fairly is greater efficient than the verify sitting on your table.

2016-11-03 02:15:18 · answer #4 · answered by ? 4 · 0 0

Sure.

They may or may not meet your needs, but they're legal. Most anything you want to write and sign can be legal, but it may not be in your best interest.

2007-02-10 06:48:13 · answer #5 · answered by T J 6 · 0 0

They are if you sign the papers and have them notarized.

2007-02-10 06:43:30 · answer #6 · answered by Jilli Bean 5 · 0 0

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