Power of attorney in Eliot, Maine permits one person to make particular decisions for another, under particular 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 typically 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 desires for your end-of-life care, but are worried that you won't be able to express your wishes when the time comes, you can grant someone power of attorney in advance, so they'll be able to ensure that your wishes are carried out, if necessary. You should draft an agreement giving the attorney-in-fact power of attorney only in the event that you really become incapacitated. Presumably, if you are able to make and express your own medical decisions, you'll want to do it yourself.
In Eliot, Maine, you can find pre-printed power-of-attorney forms in many office supply stores. If the agreement you want to create isn't very complex, these could be a viable and very affordable option. Of course, it never hurts to have a lawyer help.
Types of Power of Attorney Arrangements in Eliot, Maine
In Eliot, Maine, power of attorney can take three main 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 appropriate 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 - this lets an attorney-in-fact make decisions in a certain, defined area of the principal's affairs. Durable power of attorney doesn't automatically disappear, and can last indefinitely, or until the principal revokes it. This can be very useful, because it authorizes the attorney-in-fact to make essential decisions for the principal, but allows the principal to revoke the power if they regain the capacity to make their own decisions.
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 Eliot, Maine Lawyer Help?
Because there are sometimes difficult issues involved in setting up power of attorney in Eliot, Maine, you should consult with a lawyer beforehand. You can tell the lawyer all of the relevant details about your individual situation, and your goals, and he or she will be able to advise you on the best course of action.