Before you choose an agent of an attorney-in-fact for your special power of attorney, it would be best to ask yourself the following questions first. Do you trust the person? The best thing you should establish is trust on the person you are appointing as an agent. Unfortunately, trust is something earned over time. If you designate someone whom you trust as your agent, you can have peace of mind that the person can make decisions for you according to your best interest. The agent is also called the attorney-in-fact. Do not be misled by the term, though, because an attorney-in-fact does not have to be a lawyer. Your document also has to be tailored to your particular needs and wishes so that you have nothing to worry about in the future. Springing - This legal document is created in such a way that it takes effect only after the principal has become mentally disabled. When writing the document, one has to make sure that it clearly explains how to determine the occurrence of the springing event. You may also consider using separate powers of attorney to designate another person who will be responsible for your health care and finances. Most military personnel would provide the power of attorney to their spouses especially if they are away in combat. A close relative could be work as an alternate. It does not always have to be relative or a family member, some would get a non-relative attorney-in-fact. If the principal is also a bit uncomfortable on assigning a lot of responsibilities on one agent, then h/she could get other co-agents. Simply put, your attorney-in-fact will be in charge of everything that concerns your life as soon as you become mentally incapacitated. That being said, you must make sure that you appoint someone who is worthy of your trust. Your agent can be your relative or trusted friend who can handle well all concerns regarding your finances and other affairs. Getting a POA is a better choice compared to having a conservator, which is a guardian assigned to you by the local probate court. Probate hearings usually take time to complete, not to mention that you are going to incur more expenses than you would with a POA. Of course, why would you waste your time and money when there s a better alternative out there?
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