NOTICE: These FAQ pages provide informal guidance and should NOT be relied upon as legal advice. Submit a Client Intake Form or contact our office if you need legal counsel.

  • Who should have a Power of Attorney?
  • Who should be your Attorney-in-Fact?
  • What is a Power of Attorney?
  • When does a Durable Power of Attorney take effect?
  • When does a Springing Power of Attorney take effect?
  • Where should I store my Power of Attorney?
  • Why do I need a Power of Attorney?

  • Who should have a Power of Attorney?

    • You should have a Power of Attorney if you wish to give another person the power to act in your place for financial decisions. Some typically examples include:
    1. A person who wishes to give another person the authority to manage his day-to-day financial affairs for him.
    2. A person who is about to undergo surgery, leave for extended travel, or some other uncertain scenario which may render him unable to act for himself.
    3. A person who is unable to attend an event where him physically presence is required, such as a real estate closing.

  • Who should be your Attorney-in-Fact?

    • Your Attorney-in-Fact is the person to whom you give the power to act in your place for certain financial decisions. A Power of Attorney is a very powerful document and should be used judiciously. Your Attorney-in-Fact should be completely trust worthy and should be familiar with you and your assets. Typically, your Attorney-in-Fact is your spouse, a close family member, your attorney, or a very trusted friend.

  • What is a Power of Attorney?

    • A Power of Attorney is a legal document which gives another person the power to act in your place for certain financial decisions.

  • When does a Durable Power of Attorney take effect?

    • A Durable Power of Attorney takes effect immediately upon signing. This means that as of the moment you sign the Durable Power of Attorney, your Attorney-in-Fact has the power to act in your place.

  • When does a Springing Power of Attorney take effect?

    • A Springing Power of Attorney typically takes effect when a doctor certifies that you have become incapacitated. This means that Springing Power of Attorney does not give your Attorney-in- Fact the power to act in your place until you a doctor has determined that you are unable to act for yourself.

  • Where should I store my Power of Attorney?

    • You should store your Durable Power of Attorney with a third-party, such as your attorney, where your Attorney-in-Fact will have reasonable, but not immediate, access to the document. Storing your Durable Power of Attorney with a third-party may help prevent unforeseen abuses by your Attorney-in-Fact, since the document grants your Attorney-in-Fact with the power to act in your place the moment you sign it.

    You should store your Springing Power of Attorney someplace safe and readily accessible by your Attorney-in-Fact, typically with your other personal papers or with your attorney.

  • Why do I need a Power of Attorney?

    • You need a Power of Attorney if:

    1. You are unable or unwilling to manage your day-to-day financial affairs on your own and wish to give another person the authority to assist you.
    2. You are about to undergo surgery, leave for extended travel, or some other uncertain scenario which may render you unable to act for yourself.
    3. o You are unable to attend an event where your physically presence is required, such as a real estate closing.

    Complete our Burial/POA/Health Care Directives Intake Form to start making your Power of Attorney »