Estate planning specialist; Attorney practicing in Massachusetts

Acting In Your Best Interest

A Personal Power of Attorney (POA) is a legal document that grants someone the authority to make decisions and take actions on behalf of another person, known as the "principal." The person appointed to act on behalf of the principal is called the "attorney-in-fact" or "agent." The powers granted can vary widely and may include handling financial, legal, and health care matters.

Delegating Responsibilities

A Personal Power of Attorney (POA) serves as a valuable legal tool for several important reasons. It offers the convenience of allowing the person creating the document (the principal) to delegate specific responsibilities to a trusted individual, making the management of affairs more straightforward. This is especially crucial when planning for potential incapacity due to illness or injury, as the appointed agent can step in and act on behalf of the principal. Moreover, if the chosen agent has expertise in areas like finance or law, the principal can benefit from their knowledge in handling related matters.

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Empowering Your Choices

Acting as an agent with a POA grants the authority to handle various responsibilities on behalf of the principal, encompassing the management of financial matters such as bank accounts, investments, and property transactions. It also empowers the agent to make legal decisions, sign documents, and represent the principal in legal matters. Additionally, with a health care power of attorney, the agent can make medical decisions for the principal if they are unable to communicate their wishes.

Planning for the Unexpected

It's difficult to think about what could happen if you were rendered incapacitated, or unable to voice your preferences. Planning ahead allows you to live every day knowing that they're protected.

  • Types of Power of Attorney

    There are different types of POAs, each serving a specific purpose. A General POA grants broad powers to the agent, while a Limited or Specific POA restricts those powers to specific tasks. A Financial POA focuses on financial matters, and a Health Care or Medical POA pertains to healthcare decisions.

  • Legal Requirements

    Establishing a POA requires adherence to legal formalities. Typically, this involves drafting a document, signing it in the presence of a notary public, and, in some cases, having witnesses. Working with an attorney ensures that the POA complies with state laws.

  • Decision-Making Authority and Activation Conditions

    Decision-Making Authority:

    Clearly outline the scope of the agent's authority in the POA document. Specify whether it covers financial, legal, healthcare decisions, or a combination. You can also set limits or restrictions on the powers granted to the agent.


    Activation Conditions:

    Clearly define when the POA becomes effective. Some POAs are immediately active upon signing, while others only come into effect when the principal becomes incapacitated. This can be specified as "springing" or "durable" based on certain conditions.

  • Revocation and Termination

    Understand the conditions under which you can revoke or terminate the POA. This might involve creating a new POA, drafting a revocation document, or clearly stating the termination conditions within the original document.

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Being granted a POA is a significant responsibility, and we know how crucial it is to understand and act in your best interests. We work closely with you to ensure that you understand the scope of the established authority and carry out your duties appropriately.

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