In Brunswick, Ohio, "power of attorney" refers to a number of different legal arrangements. However, the different 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 certain 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 frequently granted in contemplation of the possibility that the grantor might become unable to express his or her wishes due to some form of incapacity.

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 power to carry out your instructions, but not more than they need in order to accomplish your objectives. Furthermore, the attorney-in-fact should be someone you trust, such as a family member or life partner. You also need to be cognizant of the fact that your distinct situation, as well as the actions you want the attorney to be able to take on your behalf, will help decide the most effective arrangement.

For example, some people have particular wishes, whether based on religion or personal preference, about how they should be cared for at the end of their life. Oftentimes, people who are at the end of their lives become unable to express their wishes. Therefore, it becomes necessary to have somebody else who knows what they would want, and has the legal authority to give effect to those wishes.

In Brunswick, Ohio, 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 Brunswick, Ohio

There are 3 power-of-attorney schemes that can be set up in Brunswick, Ohio. Which one is best for you will largely depend on your goals, and your individual situation. They are:

1. Limited power of attorney - this lets the attorney-in-fact exercise limited authority in a single transaction. It is useful, for instance, if someone is buying property in another state, and the deal is nearly complete, but a few documents need to be signed. The buyer could give a resident of that state power of attorney, allowing 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 - 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 allows 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 - 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 decided by a court, which can be costly and time-consuming.

Can a Brunswick, Ohio Lawyer Help?

Because setting up a power of attorney agreement is not always easy in Brunswick, Ohio, it's never imprudent to at least consult with a lawyer beforehand. As with any legal agreement, there are things that can go wrong, which laypersons may not foresee.