The difference between Power of Attorney and guardianship (conservatorship) is that a court can only appoint a guardian, so it’s a lengthy and less private process. If an adult becomes incapable of making decisions (such as due to mental disability) but hasn’t created a POA, a loved one needs legal guardianship to manage their affairs for them. If you become incapacitated without designating a principal, a loved one or family member may need legal guardianship from a court to help with your affairs. Power of Attorney (POA) refers to the legal authority to act for someone else in specific personal affairs and the name of the legal document that gives the authority to someone else.Īn individual (the “ principal“) chooses another person (the “ agent” or “ attorney-in-fact“) to make confident decisions on their behalf and fills out the Power of Attorney paperwork with essential details about the agent and what actions they may take on behalf of the principal.įor example, elderly or sick parents may create this document for a child or loved one, so they can carry out their financial affairs, handle estate planning, and make medical decisions if they become unable to (e.g., if they get dementia or become terminally ill). PDF Word Springing Power of Attorney What is Power of Attorney? If you’re still figuring out what type of Power of Attorney you need, look at one of the generic templates below to get started. How to Choose an Agent for Your Power of Attorney.
Signing Requirements – For legal purposes, it is necessary that all those endorsing the document do so before a licensed notary ( § 72-31-305). Statute – Title 72, Chapter 31, Part 3: Montana Uniform Power of Attorney Actĭefinition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used ( § 72-31-302(7)).
0 kommentar(er)
