What Is a Durable Power of Attorney (POA)?
If an adult is incapacitated and unable to make his or her own decisions, they may have someone appointed who can make those decisions for them. However, this individual needs to have the legal authority to do so. This is called a durable power of attorney, or enduring power of attorney. The ability to make these decisions will typically come from the execution of a durable power of attorney (or durable POA), a document that provides an individual with the right to make decisions for another party. In order to be effective and legal, this needs to happen before the person in question becomes incapacitated. It is called durable because it lasts past someone losing capacity. If you need help for a durable power of attorney, then call the lawyers at Kahane Law Office in Calgary, Alberta 403-225-8810.
What Does Durable Power of Attorney Entail?
Someone who has been given power of attorney will have the authority to make a number of different decisions for the incapacitated person. The person who gives the authority is called the principal, and the person who receives the power is the agent. When the power is durable, it simply means that it will survive the principal’s incapacity, meaning they can actually make decisions while the person is incapacitated. If it is not durable, then they will not have any power until the principal regains capacity.
Choosing Someone for Durable Power of Attorney
When choosing someone to act with durable power of attorney, it is extremely important to make a careful and well thought out decision. You need to find someone who is highly ethical and trustworthy. Sometimes, this may be a family member of a close friend. Other times, it might be a better decision to go with someone else who can keep the actual interests of the incapacitated in mind. Do not merely go with the first person who comes to mind. Look at the person’s personal history and make sure that they truly are responsible enough to warrant becoming the person in charge of you or a family member’s decisions down the line.
If you are thinking of getting a durable power of attorney, it’s a good idea to speak with a lawyer who will be able to walk you through the process from start to finish. They can ensure you are doing everything correctly so there is no question as to who has power of attorney in the event of incapacitation. Incorrect drafting of the durable POA could end up causing problems, fights and invalidity of the POA. This could lead to family fighting, or required court applications.
If You Fail To Have Durable POA?
If a durable power of attorney is not in place when someone loses capacity, the courts may need to become involved. An application will need to be made to the court. The public trustee may also become involved. The court may grant a durable power of attorney after someone has been incapacitated. The court will name a specific individual to act as a trustee for the person without capacity. The cost of the court application is much more expensive than getting a durable power of attorney in place. It saves time and legal expenses.
Durable Power of Attorney Lawyers in Calgary
The durable power of attorney lawyers at Kahane Law Office in Calgary, Alberta can help with your future estate planning legal needs. You need proper legal advice a durable power of attorney does not expire and may not be used for many years or even decades. CONNECT NOW. Call 403-225-8810 or ee can be reached toll-free at 1-877-225-8817, or email us directly here.