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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. Choosing an agent who does not have to be far from the principal and the property is a better choice. Capability. It is important to consider an agent that has the ability to manage the principal s property and legal matters. The agent is showing problems with managing their own finances, then it may not be a good idea to trust your own finances to them. You will need these details when you consult with a lawyer who will decide the right type of POA to use in your case. 5. Include all your assets and liabilities in your document. Make sure that your power-of-attorney form properly documents all the necessary information that can guide your agent in making the right legal decisions for you. If nobody has powers of attorney to act on your behalf and you are already unconscious or mentally incapable, the courts will assign someone to make health care decisions for you. The second type of durable powers of attorney is financial in nature. It is defined as the full legal authority given to another individual to be responsible for all your finance-related affairs, including filing income tax returns and paying the bills. You could have the option not to include specifications or instructions that would give your agent the permission to transfer to himself/herself any of your property or bank account. The law usually allows the agent to transfer your assets to your spouse (if your agent is not your spouse). However, the law does not allow him/her to transfer any of your properties to any other individuals, even your children. The court may also rule the document to be invalid, especially if the principal is proven to be incompetent when the document was signed. The principal could also revoke it, as long as he is mentally sound. The power of attorney could also be terminated if the attorney-in-fact becomes incompetent, unavailable or dies.
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