In Bibb County, Georgia, power of attorney is an arrangement in which one person (the principal) gives another (the attorney-in-fact) the capacity to act on the principal's behalf in specific situations, and under specific conditions. Power of attorney might be authorized for any number of reasons, but it is most frequently set up to allow the attorney-in-fact to make financial and medical decisions on the principal's behalf in the event that the principal becomes incapacitated.
Any power-of-attorney arrangement creates the possibility that the attorney-in-fact will abuse the power he or she has been authorized, and it's simply not feasible to totally eliminate this possibility. It can be minimized, however, by giving the attorney the bare minimum amount of power needed to carry out your wishes, and making your wishes known in writing (with copies held by at least one other person) well in advance. When authorizing power of attorney, you can usually grant as much authority as you want, so you need to be very careful, and only give this legal authority to somebody you know and trust. Also, you should consider your circumstances and objectives when determining what type of power to grant.
If you have a strong preference with respect to end-of-life care, but worry that you might be unable to express your wishes when the time comes, you may want to give a family member the legal authority to make such arrangements for you, if necessary. Of course, the power you grant them should be precisely limited to medical decisions, if that's all you want them to be able to decide. It should additionally clearly state that this power will not directly vest until and unless you actually become incapacitated. For reasons that should be obvious, you should only give this power to a person you trust.
Usually, you can find forms in Bibb County, Georgia that let you quickly draft a power of attorney document. However, if a considerable amount of money is at stake, or you wish to grant very particular and limited powers, you should probably consult with a lawyer beforehand.
Types of Power of Attorney Arrangements in Bibb County, Georgia
Power of attorney in Bibb County, Georgia takes 3 main forms. Which one is appropriate for you depends on your distinct case. They are:
1. Limited power of attorney - this is probably the most limited form of power of attorney. It lets someone act on your behalf in a single instance. It is used most frequently in large sales transactions involving a written contract. If the closing of the deal is set to take place far away from where one of the parties is located, they can give limited power of attorney to someone who is closer. All you have to do is give that person the power to act on your behalf in this one transaction. This authority automatically expires once the deal is finished.
2. Durable power of attorney - this gives the attorney in fact the power to make decisions on a general area of the principal's affairs (for instance, the authority to access the principal's assets to pay the principal's debts, or the power to make healthcare decisions on behalf of the principal). Unlike limited power of attorney, durable power of attorney does not expire unless the principal revokes it. This is useful, because it permits the attorney-in-fact to make important decisions for the principal if the principal becomes incapacitated.
3. Springing power of attorney - this is a form of power of attorney which doesn't truly take effect until the occurrence of some stated event. This event can be anything, but it is usually the principal becoming disabled. You should be aware, though, that it is not always clear what "disabled" means in such an agreement, which can result in disagreements, resulting in litigation.
Can a Bibb County, Georgia Lawyer Help?
Because setting up a power of attorney agreement is not always straightforward in Bibb County, Georgia, it's never imprudent to at least speak with a lawyer beforehand. As with any legal agreement, there are things that can go wrong, which laypersons may not foresee.