Power of Attorney in Malden, Massachusetts

Find the right Power of Attorney attorney in Malden, MA

Power of attorney in Malden, Massachusetts grants one person to make specific decisions for another, under specific conditions. There are different 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.

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.

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 operating 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 specific 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.

Occasionally, you can find pre-printed forms in Malden, Massachusetts permitting you to easily draft a power of attorney document. In some cases, this may be all you need. These forms already have the basics of such an agreement committed to writing. All you and the other party have to do is fill in the blanks, per the instructions, and possibly have the forms notarized.

Types of Power of Attorney Arrangements in Malden, Massachusetts

In Malden, Massachusetts, power of attorney can take three general forms. They are as follows:

1. Limited power of attorney - limited power of attorney gives the attorney-in-fact the power to act on your behalf on a single issue, in a single transaction. For instance, if you are purchasing a house in another state, you may wish to grant limited power of attorney to a friend or relative who lives in that state, so they can sign all of the proper documents on your behalf, so you don't have to incur travel expenses. For obvious reasons, you should only grant this authority to someone you trust. Once the transaction is complete, the power of attorney automatically disappears.

2. Durable power of attorney - unlike limited power of attorney, discussed above, this does not automatically expire, though the principal can stop it at any time. It is typically not limited to a single transaction, either. Rather, it covers a broader subject matter, though it still has limits. For instance, you could give someone durable power of attorney to make medical decisions for you, but they would only be permitted to act in that context.

3. Springing power of attorney - this is close to durable power of attorney, but the power is conditional. That is, it does not take effect unless some particular event takes place. This event can be anything. Most frequently, however, the agreement permits the attorney-in-fact to make important medical and financial decisions for the principal, only in the event that the principal becomes incapacitated. However, there are sometimes disagreements over whether or not a person is truly "incapacitated" to the point that the power of attorney has been triggered. This can lead to a court of law having to determine the issue.

Can a Malden, Massachusetts Lawyer Help?

Setting up a power of attorney arrangement in Malden, Massachusetts can be easy, but it can also be very confusing. It just varies on what you're trying to do. However, if you are at all unsure about how to proceed, it would probably be a good idea to have an attorney draft the agreement for you.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Malden

Malden is a city located in Middlesex County, Massachusetts. It has a population of slightly over 55,000 people.

The first European settlers in Malden were a group of Puritans, who purchased the land from the Pawtucket Indians. In 1648, the code of enacted laws in New England was printed in Malden. During the American Revolution, Malden played an important role in the American Revolution, and was a major stronghold of revolutionary sympathies.

Malden contains many fascinating historical landmarks, most of which are from the Revolutionary era and before. Malden is also home to several recreational areas, including parks and various sporting fields. Perhaps most notably, Malden is home to Pine Banks, a 107 acre recreational park featuring playgrounds, picnic areas, and a large, undeveloped area for hiking.

Malden, Massachusetts is also home to Middlesex Falls Reservation, a Massachusetts state park, which boasts many recreational activities for those who enjoy the outdoors.

If you live in Malden, Massachusetts, and need a lawyer, there's a good chance you'll be able to find the right one. Malden, Massachusetts lawyers can handle almost any case you might have.

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