A Power of Attorney (POA) is one of the most powerful legal documents. It allows one person (the agent) to act on behalf of another (the principal) in several matters. These can be financial, medical, or legal.
Are you thinking of setting up a POA? There’s more than one type. What are the 4 types of Power of Attorney? You have the General POA, the Durable POA, and the Medical POA. There’s also the Special or Limited POA.
A General POA gives the agent the power to handle your legal and financial matters. A Durable POA is like a General POA. The difference is the agreement remains active even if you’re incapacitated. That’s in contrast to the General POA. A Medical POA allows the agent to make healthcare decisions. The Special POA covers specific tasks or transactions.
A Power of Attorney grants a lawyer significant authority over the principal. But it doesn’t provide unlimited control over the principal’s life and affairs. Certain decisions are beyond the agent’s reach. They’re not given the power to decide because of legal restrictions. POAs are also limited by ethical considerations.
There are three critical aspects a POA cannot cover. So what three decisions cannot be made by a legal power of attorney? This post breaks it down.
The Power of Attorney Cannot Make or Change a Will
The agent cannot create, change, or nullify a principal’s last will. It’s one of the critical limitations of a POA.
A will represents your final wishes about your assets. The legal system ensures that only the person who made the will has the right to create or change it.
Why are there restrictions? This is so the agent cannot influence or manipulate you or your will. It also prevents fraud. An agent could change the document in their favor without this limitation.
The agent cannot change the will, but they can help manage your assets and finances. You can also consult with your agent or attorney if you want to change your will.
POA Cannot Make Personal Decisions
An agent doesn’t have the power or ability to make personal decisions for the principal. They don’t have a say if you want to get married, get a divorce, or adopt a child. These are personal choices that need your consent and direct involvement.
There’s a good reason why the system restricts POAs in this matter. Marriage and divorce have significant legal and financial consequences. They impact property rights, inheritance rights, and tax obligations. The law assumes only the individuals themselves can make such life-changing decisions.
What happens if you’re incapacitated and can’t make personal decisions? The courts will take over. They might appoint a guardian or conservator for you. Your conservator can make certain decisions on your behalf. But they’re also restricted when it comes to marriage and divorce decisions.
The Power of Attorney Cannot Vote for You
Another key POA restriction is that an agent cannot cast a vote in an election on behalf of the principal. Voting is a fundamental right and a personal civic duty. You can’t transfer that right to another individual, even under a Power of Attorney.
Why is this an important restriction? It’s because voting is a direct expression of your political views. Letting an agent vote on your behalf could lead to fraud. It could also result in the manipulation of election outcomes. A POA is only meant for financial, medical, or legal matters. Its power doesn’t extend to politics.
What happens if you’re incapacitated and unable to vote? The court suspends your right to vote until you regain the capacity. There are cases where individuals under guardianship can have their voting rights restored.
Power of Attorney is a crucial tool for managing legal, financial, and medical affairs. It does not grant unlimited authority though. You must understand the limitations of a POA. It prevents misunderstandings and ensures your rights and wishes are always respected.
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