Powers Of Attorney

Getting chosen to be a power of attorney doesn't make one an attorney. You do not need to be an
attorney to be appointed as a POA (Power Of Attorney. Being chosen as a power of attorney gives
you a limited number of choices and rights to make on behalf of someone else. Power of attorney
appointments are seen often in estate planning.

Somebody that represents another person or entity in court proceedings, is acting as an attorney,
and only a licensed attorney is allowed to represent others in court proceedings. Even when
someone is named as being the attorney in fact, this alone does not make them an attorney.
Someone does not need to be a lawyer, to get appointed to receive some ability to make another
person or entity's choices, or to manage their care. 

This article is my opinion and is not, legal advice. I'm a judgment broker, and not an attorney.
If you ever need a strategy to use or legal advice, please retain an attorney. A typical power of
attorney agreement creates an agency relationship between the principal (the person or entity
authorizing, granting, and agreeing to have some of their rights represented), and their agent
(the power of attorney). 

The principal grants some of their  rights (power) to the agent. The agent will get the rights
until some event happens, as an example, the principal dies, becomes incapacitated, or the rights
of the Power Of Attorney (POA) get revoked. There's several types of power of attorneys, and one
person can fulfill more than one POA role. Some examples of POA are:

1) The general power of attorney involves both some legal, and early all financial decisions.

2) A specific power of attorney is limited to one task, or for just a short time.

3) A durable power of attorney gives the power to survive the incapacitation of a principal,
which is handy in estate planning. 

4) A financial power of attorney has a lot of power, as it allows an agent to determine all
financial choices for an incapacitated principal. Certain financial institutions insist on a
durable power of attorney in addition to, or instead of, a financial power of attorney.

5) The health or medical care power of attorney permits an agent to make health care decisions
for a principal, once they are incapacitated.

Even though one doesn't need to be a lawyer to become a power of attorney, they could be. A
lawyer is often involved, if only to draw up the documents. Powers of attorney documents are not
often court filed unless they are subpoenaed, or involve certain real estate transactions.

Being a judgment broker I get sometimes asked "Can I become the power of attorney for a judgment
owner, and then enforce the judgment?" Although I'm not a lawyer, I know anyone who isn't a
lawyer should not represent anyone else in any court-related matters.

Each state has its own peculiarities and laws, so make certain you hire a local lawyer who knows
your particular power of attorney requirements. If you find a free power of attorney form over
the internet, run it past a lawyer, as you want a document which performs in the real world, not
only in theory. Most estate planning lawyers will check or prepare power of attorney paperwork at
a reasonable fee.
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Posted by J. Randall Frier