If you want to give somebody the legal authority to make certain decisions on your behalf in Fort Atkinson, Wisconsin, you are giving them "power of attorney." There are many different types of power of attorney, to be discussed in more detail below, but they all boil down to one common element: the authority of one person to make decisions for another. I'm sure you can think of many reasons why somebody might want to give this power to another person, especially in the medical context (in case the grantor becomes incapacitated, for example).
The principal in a power-of-attorney arrangement is the one who determines the scope of the power that the attorney will be able to wield, and the circumstances under which they can wield it. Generally, you can grant the attorney-in-fact as much or as little decision-making power as you'd like. In every case, however, you should only enter a power-of-attorney arrangement with somebody you trust. The nature of the power you should grant depends heavily on the context, and what your wishes are.
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.
Sometimes, you can find pre-printed forms in Fort Atkinson, Wisconsin allowing you to easily draft a power of attorney document. In some cases, this may be all you need. These forms already have the basics of such an agreement committed to writing. All you and the other party have to do is fill in the blanks, per the instructions, and possibly have the forms notarized.
Types of Power of Attorney Arrangements in Fort Atkinson, Wisconsin
There are 3 main arrangements that power of attorney can involve in Fort Atkinson, Wisconsin. 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 appropriate 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 gives the attorney-in-fact much more power than limited power of attorney. It can, in theory, give them unlimited power in a certain area of the principal's affairs. The document should lay out clearly what power the attorney-in-fact will wield. This arrangement, when used carefully, can be very useful, permitting 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. Furthermore, the principal can revoke the power of attorney at any time.
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 Fort Atkinson, Wisconsin Lawyer Help?
While setting up power of attorney in Fort Atkinson, Wisconsin can be simple, there are some instances in which it will inevitably be complicated. In such cases, the process will be much easier if you have a brilliant attorney to help you along the way.