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LAST WILL vs Power Of Attorney | Know The Difference

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Imagine how you can manage all your legal affairs on your own when you are mentally or physically incapacitated because of a serious disease or injury. That is simply impossible. So you need someone who can act as your legal representative when you are unable to make legal decisions for yourself. For example, you need to obtain a mortgage to be able to borrow money to pay for your hospital and medical bills. This type of power of attorney would be valid unless specified by the document, the principal dies or revokes the document, or the document specifies that it would end upon the event when the principal gets incapacitated or disabled. Specific power of attorney If the attorney-in-fact is only granted authority over specific transactions like collecting debts, buying and selling property, then it is referred to as the specific power of attorney. The forms you will use for preparing the power-of-attorney document Use the power-of-attorney forms available online as your model or starting point. Before you consult with a lawyer, it is best to view several POA forms and understand fully the terms specified on them. That way, you can see the various possibilities before you head over to a lawyer s office. The power of attorney is a legal document that would enable you to grant a person or organization control over your financial and business matters. The person who is signing or creating the power of attorney is called the principal, while the person who would be awarded with authority is called the attorney-in-fact or the agent. It is especially useful for people who are suffering from a debilitating health condition such as Alzheimer s disease or are going to stay in a nursing home. Right after you and your agent have signed the documents, the durable powers of attorney take effect until they are revoked by the principal. The document is terminated at the death of the principal. This is what is often called the Health Care Power of Attorney, which empowers the attorney in fact to make health care decisions for the principal or the grantor, even something as sensitive as terminating the hospital care in cases when machines are the only one keeping them alive. It includes the power to give consent or to refuse a medical procedure for the grantor. 

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