Power of attorney in Emporia, Kansas permits one person to make particular decisions for another, under particular conditions. There are numerous reasons why one might grant power of attorney. However, most of them revolve around the possible incapacitation of the person authorizing the power - so that their wishes can be carried out even if they become unable to express them.
If you are giving someone power of attorney, it's up to you to decide clearly what kind of decisions they will be able to make, and when they'll be able to make them. In any case, however, it's very important that you completely trust the person to whom you're granting this authority, since any power of attorney, even if it's very limited in scope, can be abused. Obviously, whatever type and amount of power you wish to give will depend on your intentions, as well as many external factors.
For instance, if you have very particular wishes concerning end-of-life care, you should, of course, make them clear to the person who will be functioning on your behalf, and make sure they are ready to carry them out. You should then grant them power of attorney, with the scope limited to particular healthcare and financial decisions. That way, if you become incapacitated, your loved one will be able to carry out your wishes, even if you are unable to express them.
In Emporia, Kansas, you can likely find pre-printed forms at office supply stores available for purchase. They already have the basic terms of a power-of-attorney agreement written, and just need the parties to fill in the blanks with names, dates, and a few other details.
Types of Power of Attorney Arrangements in Emporia, Kansas
In Emporia, Kansas, there are 3 types of power of attorney. They are:
1. Limited power of attorney - this lets the attorney-in-fact exercise limited authority in a single transaction. It is useful, for instance, if someone is buying property in another state, and the deal is nearly fulfilled, but a few documents need to be signed. The buyer could give a resident of that state power of attorney, permitting him or her to complete the transaction on the buyer's behalf. Conveniently, the power automatically terminates when the transaction is complete.
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 authorizes the attorney-in-fact to make important decisions for the principal if the principal becomes incapacitated.
3. Springing power of attorney - this is a lot like durable power of attorney, but it does not normally take effect immediately. Instead, the power vests on the occurrence of particular condition(s) laid out by the principal. The principal could make the condition anything he or she wants, permitting power of attorney to vest only if, say, a person flies to Saturn. Of course, these arrangements are normally not so outlandish. Normally the event that must take place is the principal becoming incapacitated. This permits the principal to make his or her own decisions while they're able, but also ensures that someone they trust will be able to carry out their wishes in the event that they become too sick or weak to express them.
Can a Emporia, Kansas Lawyer Help?
While setting up power of attorney in Emporia, Kansas can be simple, there are some instances in which it will inevitably be convoluted. In such cases, the process will be much easier if you have a seasoned attorney to help you along the way.