Power of attorney in St. Clair Shores, Michigan permits one person to make particular decisions for another, under particular conditions. There are various 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.
The principal can state in advance the scope and nature of the attorney-in-fact's authority. The agreement should be very clear on this matter, so you give the attorney-in-fact enough authority to carry out your instructions, but not more than they need in order to accomplish your objectives. Additionally, the attorney-in-fact should be someone you trust, such as a family member or life partner. You also need to be aware of the fact that your unique situation, as well as the actions you want the attorney to be able to take on your behalf, will help determine the most effective arrangement.
For example, if you have very specific 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 prepared 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 St. Clair Shores, Michigan, you can sometimes find pre-printed forms that let you easily draft a power-of-attorney agreement. However, if your situation is particularly complex, you should probably have a lawyer draft it for you, to ensure that the agreement is enforceable, or that there are no surprises.
Types of Power of Attorney Arrangements in St. Clair Shores, Michigan
In St. Clair Shores, Michigan, there are 3 forms 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 example, 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 - unlike limited power of attorney, discussed above, this does not automatically expire, though the principal can terminate it at any time. It is normally not limited to a single transaction, either. Rather, it covers a broader subject matter, though it still has limits. For example, you could give someone durable power of attorney to make medical decisions for you, but they would only be authorized to act in that context.
3. Springing power of attorney - this is a form of power of attorney which doesn't really take effect until the occurrence of some mentioned event. This event can be anything, but it is often 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 St. Clair Shores, Michigan Lawyer Help?
Formulating a power of attorney agreement in St. Clair Shores, Michigan is not always easy. And even if the arrangement you want to set up is relatively simple, it might still be a good idea to have a lawyer go over it, just to make sure that there are no flaws that might prevent it from being implemented.