Learn about creating a power of attorney to grant legal decision-making authority for finances, healthcare, or other matters. Find an estate lawyer.
When managing someone’s affairs—whether during their lifetime or after death—it’s crucial to understand the distinct roles of a Personal Representative (Executor) and a Power of Attorney (POA) agent. While both positions involve fiduciary responsibilities, their authority operates under entirely different legal frameworks. Below, we clarify whether a Personal Representative can act as a POA and…
A Special Power of Attorney (POA) allows someone to sell property on your behalf under specific terms. Below, we explain how to create one and provide two customizable templates. Quick Answer A Special POA for selling property must include: Note: State laws vary—some require notarization, witnesses, or specific wording. When to Use a Special POA…
A Power of Attorney (POA) grants someone legal authority to act on your behalf, but this responsibility comes with significant ethical and legal obligations. While most agents act in good faith, yes, a POA agent can face criminal charges—including jail time—if they abuse their authority. Below, we explain the circumstances that could lead to legal…
When planning for life’s uncertainties or managing affairs after death, two critical roles often come into play: Power of Attorney (POA) and Executor. While both involve legal authority to act on someone else’s behalf, they serve distinct purposes. Below is a clear breakdown of their differences, responsibilities, and when each is used. Quick Answer A…
In most cases, yes – a spouse can typically make medical decisions for their partner without a formal power of attorney document, but there are important limitations to this authority. How Spousal Medical Decision-Making Works Default Legal Authority In all 50 U.S. states, spouses generally have some degree of inherent authority to make medical decisions…
Changing your power of attorney (POA) is an important legal process that requires careful attention to detail. Whether you’re updating due to changed circumstances or selecting a more suitable agent, this guide provides clear steps to ensure your POA reflects your current wishes. Reasons to Change Your Power of Attorney There are several situations where…
No, a power of attorney (POA) agent is not personally responsible for the deceased’s medical bills. A POA is effective only during the principal’s lifetime and terminates automatically at death. Thus, medical bills incurred after death become the responsibility of the deceased’s estate, which is settled through the probate process. Understanding the Termination of a…
If an individual becomes incapacitated and does not have a medical power of attorney (POA), state law designates a surrogate decision maker—typically a spouse first, then adult children, followed by parents, siblings, and sometimes close friends. If no appropriate family member is available or if conflicts arise, the court will appoint a guardian. In emergencies,…