In Hillside, New Jersey, "power of attorney" refers to a variety of different legal arrangements. However, the numerous systems which fall under the umbrella of that term have one thing in common: if somebody grants power of attorney to somebody else, the person with power of attorney is authorized to make given decisions on behalf of the person who granted it. There are many reasons why a person might want to grant this power to another, but it often granted in contemplation of the possibility that the grantor might become unable to express his or her wishes due to some form of incapacity.
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 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 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 operating 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 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.
In Hillside, New Jersey, 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 Hillside, New Jersey
There are 3 general arrangements that power of attorney can involve in Hillside, New Jersey. They are:
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 example, if you are buying 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 power 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 particular, specified 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 permits the attorney-in-fact to make important 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 typically take effect immediately. Alternatively, the power vests on the occurrence of specific condition(s) laid out by the principal. The principal could make the condition anything he or she wants, authorizing power of attorney to vest only if, say, a person flies to Saturn. Of course, these arrangements are typically not so outlandish. Typically the event that must take place is the principal becoming incapacitated. This grants 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 Hillside, New Jersey Lawyer Help?
While setting up power of attorney in Hillside, New Jersey can be simple, there are some cases in which it will inevitably be complicated. In such cases, the process will be much easier if you have a knowledgeable attorney to help you along the way.