Power of attorney in Topsham, Maine allows one person to make certain decisions for another, under certain conditions. There are several reasons why one might grant power of attorney. However, most of them revolve around the possible incapacitation of the person granting 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 granted, and it's simply not feasible to completely eliminate this possibility. It can be minimized, however, by giving the attorney the bare minimum amount of authority 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 granting power of attorney, you can generally 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 decisions for you, if necessary. Of course, the power you grant them should be clearly limited to medical decisions, if that's all you want them to be able to decide. It should also clearly state that this power will not actually 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.
In Topsham, Maine, you can probably 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 require the parties to fill in the blanks with names, dates, and a few other details.
Types of Power of Attorney Arrangements in Topsham, Maine
There are 3 power-of-attorney schemes that can be set up in Topsham, Maine. Which one is best for you will largely depend on your goals, and your individual situation. They are:
1. Limited power of attorney - this is the most limited form of power of attorney. It lets the attorney-in-fact exercise his or her power once, and in only one instance (laid out by the principal, of course). This is typically used in business deals, if it is not convenient for the actual party to a deal to be physically present for the signing of some documents, it can be done through an attorney-in-fact. You simply need to give them the power to sign the paperwork on your behalf, and it will be just as binding as if you had signed the documents yourself.
2. Durable power of attorney - this gives the attorney-in-fact much more power than limited power of attorney. It can, in theory, give them unlimited power in a specific area of the principal's affairs. The document should lay out exactly what power the attorney-in-fact will wield. This arrangement, when used carefully, can be very useful, allowing the attorney-in-fact to make important decisions for the principal as long as is necessary, because it does not automatically disappear after a single transaction. Also, the principal can revoke the power of attorney at any time.
3. Springing power of attorney - under this arrangement, the attorney-in-fact does not get power of attorney until the happening of some specified event. The specified event is usually the incapacity or disability of the principal, though it can be virtually any event you wish. You should be aware, however, that it is not always clear when the principal has become sufficiently "disabled" for the power of attorney to take effect. This question sometimes has to be determined by a court, which can be costly and time-consuming.
Can a Topsham, Maine Lawyer Help?
While setting up power of attorney in Topsham, Maine can be simple, there are some situations in which it will inevitably be complicated. In such cases, the process will be much easier if you have a good attorney to help you along the way.