HEALTH CARE POA
WHO CAN CREATE POA
Power of attorney (POA) is legal documents which accommodate you to appoint a person or organization to operate your property, financial, or medical affairs if you become unable to do so. But, all POAs are not created equal. Each type gives your attorney (the person who will be making decisions on your behalf) a various level of control.
Principal: The appoint person who give the power for his property, financial, or medical affairs that person called principal.
Agent: The person who receive the power from the principal person that person called agent.
The agent also known as grantee.
Physical handicap: Some times a property woner servive pysically problem except mental condition that time he creates a POA agreement.
Travel restriction: when you have some property in foreign country, but some issue you not present at that country then you have appointed a agent at foreign country for the sale and other work for the property.
Busy: when a business man have a very busy schedule he not to control all the action about is company so he appoint an agent with the help of POA.
Elderly: when a person suffer to elder problem so he not to control his property so the appointed agent.
Property and real estate management
A general power of attorney provides broad powers to a person or organization (known as an agent) to act on your behalf. These powers include conduct financial and business transactions, buying and sale insurance, settling claims, operating business interests, making gifts, and employing professional help. General power of attorney is an effective tool if you will be out of the country and need someone to handle certain matters, or when you are physically or mentally incapable of managing your affairs. A general power of attorney is often included in an estate plan to make sure someone can handle financial matters.
Details of principal and agent clearly mention
Date, time period clearly mention
Property details clearly mention
Power details clearly mention
To safeguard against any problems, you can sign a durable POA. This is simply a general, special, or health care POA that has a durability provision to keep the current power of attorney in effect.
You should also sign a durable power of attorney to prepare for the possibility that you may become mentally incompetent due to illness or injury.
Specify in the power of attorney that it cannot go into effect until a doctor certifies you as mentally incompetent. You may name a doctor who you wish to determine your competency, or require that two licensed physicians agree on your mental state.
A health care power of attorney grants your agent authority to make medical decisions for you if you are insensible, mentally incompetent, or otherwise unable to make decisions on your own.
While not the same thing as a living will, many states consider you to include your preference about being kept on life support. Some states will consider you to combine parts of the health care POA and living will into an advanced health care directive.
Specific task is complete
Revoke by principal or agent
Validity period is over
Principal-incapacitated, bankrupt or die
Divorce or legal separation when spouse agent
Mentally sound person _ always valid
Mentally incapacitated person_ not in valid, suppose a person make a POA then he suffer to mentally incapacitated so that POA is cancelled
Singed and dated by the principal it is the most importent factor
Notarized is less then important but some jurisdiction is that important, it’s a good practice.
Misuse by agent
Appointed honest and trustworthy person
Carefully draft POA clauses
Trust is a prime thing when choosing an agent for your power of attorney. If the agent selected is a friend, relative, organization, or attorney, you need someone who will look out for your best interests, respect your wishes, and won't abuse the powers granted to him or her.
It is significant for an agent to keep actual records of all transactions done on your behalf and to provide you with periodic updates to keep you informed. If you are unable to review updates yourself, direct your agent to give an account to a third party.
As for legal liability, an agent is receive responsible only for intentional misconduct, not for unknowingly doing something wrong. This protection is included in POA documents to inspire people to accept agent responsibilities. Agents are not customarily compensated; most do it for free.
Should you, a friend, or relative suspect wrong doing on the part of your agent, report the suspected abuse to a law enforcement agency and consult a lawyer.
To engage, control look after and supervisor the mention property/power.
To let out the self property on rent of any person to free the rent of the property
He granted the power of Sale, loan, gift of the property
Always agent receive virtual owner.
To appointed and remove further agent
It should be irrevocable
Unlimited and broad power
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