Canton Power of Attorney
Everyone faces important life decisions. However, there may be times when you cannot make these decisions. With a power of attorney, you can grant someone the authority to execute certain tasks and duties on your behalf.
There are various types of power of attorney; the one you choose will depend on your situation.
Filing power of attorney is an action that should not be taken lightly. Before doing so, it is important to understand the full ramifications of a power of attorney. Additionally, the power of attorney forms must be completed and filed appropriately to be valid.
Speaking with an experienced Canton power of attorney lawyer is an optimal way of avoiding potential legal and financial problems from a flawed power of attorney document. Call Slater & Zurz at (330) 968-2547 to speak with a power of attorney lawyer today.
Power of Attorney Basics in Ohio
Generally speaking, a power of attorney allows you to choose a person to act in your place and execute medical, financial, and other important decisions on your behalf.
As the principal, you can define the limits of your authority on your agent. For example, you may want your agent to sign and deposit checks or pay specific bills, or you may give your agent full financial authority over large portions of your financial affairs.
At Slater & Zurz, our power of attorney clients works with a lawyer in Canton for various reasons. They often use them simply for convenience, such as signing documents.
Other clients need the assistance of a lawyer for power of attorney to prepare for the impact of potential future incapacitation, whether expected or unexpected.
Steps in Getting a Power of Attorney in Ohio
Obtaining a power of attorney in Ohio is a highly regulated process and justifiably so. The stakes are high when someone makes decisions for another person. The law needs to ensure that the principal’s wishes are upheld and not vulnerable to attack from fraudsters or unintended errors.
For this reason, you should consult with an attorney for power of attorney before finalizing a power of attorney. They will lay out the following steps you need to take:
- Decide which kind of power of attorney you need
- Determine the scope of the powers
- Choose a competent attorney-in-fact (agent)
- Fulfill filing regulations, including notary requirements
- Complete execution of the power of attorney
Although there are a few steps in the process, each stage must be comprehensively fulfilled for your interests to be protected.
When you work with a Canton power of attorney lawyer at Slater & Zurz, you can expect us to advise you on and complete each process step diligently and in a timely fashion. If you would like to have a no-pressure sit-down with professionals who care, contact our office at (330) 968-2547.
Types of Power of Attorney
There are many situations in life where you personally must make decisions that directly affect your life and the lives of others. And legally, these decisions may only be made by you — unless you legally empower another person to act on your behalf. This situation is a power of attorney.
In many cases, individuals who seek services from our power of attorney need someone to act only within specific contexts. This is why different types of powers of attorney exist: to specify in which context an authorized person may act on behalf of another.
The healthcare power of attorney allows you to designate an individual to make all healthcare-related decisions on your behalf, including decisions on surgery, medication, and course of care.
It also allows your agent to request and obtain your healthcare-related information, including medical records and other sensitive documents. It does not, however, allow the agent to make financial decisions.
With a financial power of attorney, your agent will have the authority to act in your stead to perform important financial transactions, from paying your bills to selling or renting real estate. You may also authorize your agent to donate to charities on your behalf.
In the absence of any stipulation otherwise, a power of attorney in Ohio is durable when executed. Durable means a person who becomes authorized to act on behalf of another through a power of attorney may continue to do so when the principal becomes incapacitated. Financial and healthcare powers of attorney can be durable.
Choosing a durable power of attorney is recommended to ensure continuity in your financial and healthcare affairs. Doing so brings peace of mind to many of our clients because it allows them to live without worrying about unexpected (or expected) eventualities that impact their decision-making abilities.
The springing power of attorney comes into effect when you become incapacitated. This type of power of attorney requires well-thought-out details that explicitly lay out the criteria to be used for determining when incapacitation occurs and when a power of attorney becomes active.
A power of attorney will work to protect your interests when drafting and executing the document.
Important Legal Considerations
It is important to note that the laws surrounding power of attorney vary from state to state. With that being said, several jurisdictions have adopted the Uniform Power of Attorney Act (UPOAA), as has Ohio. The act contains four parts dealing with powers of attorney:
- Part 1: How to create and use a power of attorney
- Part 2: The nature of the authority power of attorney can convey to an agent
- Part 3: A sample form for those interested in power of attorney in the property context
- Part 4: Explanation of power of attorney laws created and used before the adoption of the UPOAA
Under the UPOAA, any power of attorney created is considered a durable power of attorney unless otherwise stipulated in the document. The UPOAA also states that a power of attorney becomes effective upon execution unless otherwise stated.
The process is often complicated, and a Canton power of attorney can help you sort out the details.
Our Experienced Power of Attorney Lawyer in Canton Is Ready to Help You
Creating a power of attorney can be one of the most delicate decisions you make and should never be taken lightly. You are effectively giving another person the authority to act as you in the most important matters in your life.
Our Canton power of attorney lawyer can help you create a document that accurately reflects your interests and wishes.
At Slater & Zurz, we have helped many of the citizens of Canton safeguard and administer their affairs through drafting power of attorney provisions.
The background of our attorneys in these matters gives us the foresight necessary to effectively advise our clients on the decisions they are contemplating and help them understand the advantages and disadvantages of each option.
Call our office at (330) 968-2547 for a free initial consultation if you need to appoint an agent to handle your affairs. It is worth your time to have a lawyer for power of attorney give you a preliminary review of your case and help you understand your choices for moving forward.
A power of attorney is authorization from someone (the principal) that allows you (the agent or attorney-in-fact) to make specific decisions regarding the principal’s financial or health care affairs.
The provisions of the power of attorney document will determine the scope of your powers. For example, in the context of a financial power of attorney, a principal may ask you to sign and deposit monthly checks from a specific person or business. They may also authorize you to handle all of their financial affairs.
There are various ways to group or categorize the different types of power of attorney in Ohio. They may be of the financial or health care type and may also be durable or springing.
If you have a durable power of attorney, it continues in vigor after you are incapacitated; a springing power of attorney comes into effect upon your incapacitation.
Your power of attorney will be in effect according to the terms of its creation. In other words, you decide when the authority you have granted ends. However, if you do not use a durable power of attorney, it will end when you are incapacitated or die.
If the power of attorney is durable, it can end when you are no longer incapacitated and choose to revoke it. In the case of a springing power of attorney, it ends when you are no longer incapacitated.
Understanding Power of Attorney Rights or Responsibilities
If you have more questions, our probate lawyers in Canton are ready to help you get answers.
Contact Slater & Zurz for assistance with understanding and planning your power of attorney at (330) 968-2547 today.