Question 1

Why should I write a POA?

Accepted Answer

Power of Attorney (POA) is a legal status granted to somebody that allows them to act on your behalf. The person given POA may have either broad or narrow legal authority, depending on how it is spelled out in the POA document, to make legal decisions about one's property, finances, or medical directives.

Question 2

What is the difference between an ordinary Power of Attorney and Durable Power of Attorney?

Accepted Answer

An Ordinary Power of Attorney is only valid as long as the principal is capable of acting for him or herself and will end automatically when the principal becomes mentally incapacitated or dies. A Durable Power of Attorney remains in force even after the principal later becomes mentally incapacitated and ends automatically when the principal dies or is revoked by notifying your Attorney-in-fact in writing.

Question 3

Who keeps the original POA document?

Accepted Answer

Unless the Power of Attorney is to be used immediately, the original should always be retained by the principal in a safe place. The agent should be advised that he or she has been named as agent and should also be advised as to the location of the original and the number of originals that have been signed. You might also upload it to your GoodTrust digital vault.

Question 4

Does a POA need to be filed with the court?

Accepted Answer

In most instances, a Power of Attorney is not filed. However, if the attorney-in-fact needs to manage property, then the document should be filed with the County Clerk or the Land Titles Office (depending on the jurisdiction).

Question 5

What are the limits of POA?

Accepted Answer

The POA cannot make decisions before the document comes into effect -- conditions will be outlined with approval of the Agent and Principal. The POA cannot be officially nominated unless the Principal is of sound body and mind. The POA cannot use the Principal's assets or money as their own.

Question 6

What are the responsibilities of my agent/ attorney-in-fact?

Accepted Answer

Your Attorney-in-fact has the following responsibilities:

to act in your best interest;
to keep accurate records of dealings/transactions undertaken on your behalf;
to act for you with the utmost good faith and to avoid situations where there is a conflict of interest; and
to keep your property and money separate from their own.

Question 7

Can I continue to act independently after giving a Power of Attorney?

Accepted Answer

Yes. Giving someone a Power of Attorney does not prevent you from making decisions or conducting business for yourself. If you and the agent disagree, your decision governs. (This assumes the decisions are announced at the same time. If an agent has decided to sell an item of property and has sold it, your later announcement that you do not want to sell it doesn't undo the sale.) If the agent does not respect your wishes, you should revoke the Power of Attorney.

Question 8

Can Powers of Attorney be given to more than one agent at the same time?

Accepted Answer

Yes. You can give Powers of Attorney to two or more people at the same time, or you can name a second agent to take over under specified circumstances (such as the death of the first agent). But before giving Powers of Attorney to more than one person at the same time, it is worth considering whether confusion or conflict is likely to result. It is probably wise to discuss the potential advantages and disadvantages (and ways to address the disadvantages) with a lawyer before giving Powers of Attorney to more than one person.

Question 9

Can a Power of Attorney be canceled?

Accepted Answer

Yes. This is called revoking the Power of Attorney. To revoke a Power of Attorney, you should give a signed written notice to the agent and, if possible, to anyone who has been relying on the Power of Attorney. If the Power of Attorney has been recorded for the purpose of allowing an agent to buy or sell real estate for you, you should also record the signed written notice revoking the Power of Attorney in the office of the Recorder of Deeds. The notice should include the instrument number and date of the original recorded Power of Attorney.

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