3. Powers of Attorney
A power of attorney is your written authorization that another person
is able to act in your name in certain types of transactions, and under
certain circumstances or with limitations you establish ahead of time.
Powers of attorney are effective immediately upon their execution. A
power of attorney can always be revoked, provided the revocation is in
writing and is distributed to anyone who had received the initial
document.
For example, if you were planning to leave the country on business,
you could execute a power of attorney to allow your partner (or someone
else) to sign checks or take other particular actions on your behalf.
This assumes that this person does not already have authority to do so.
It would be unnecessary to execute a power of attorney allowing your
partner to write checks on a joint account because that person’s name is
already on that account.
Power of attorney can also be very useful if you anticipate serious
long term medical treatment during which you might not be able to attend
to your affairs. You can establish an expiration date for the power of
attorney.
A standard, or nondurable, power of attorney document will
automatically be rendered invalid if you become “incompetent,” for
example, if you sustain a head injury or have a stroke and are in a
coma. The conventional power of attorney operates under the assumption
that you have the capacity to take back that permission if you are
dissatisfied or simply change your mind. If you lose the capacity to make that decision,
the law will terminate a non-durable power of attorney.
Many couples, therefore, execute durable (“Minnesota short-form”)
powers of attorney, because they are not rendered invalid because of a
loss of competence. A durable power of attorney permits the holder of
the power, called an “attorney-in-fact”, to continue making critical
financial and legal decisions on the other’s behalf when they are least
able to do so on their own. By being able to sign most documents (but
not a will) on your behalf, your attorney-in-fact can keep your rent and
bills paid, sell your assets as needed to pay for your medical care, or
even contract for nursing home care.
Minnesota law establishes a lengthy list of powers which an
attorney-in-fact will be permitted to exercise on your behalf unless you
specifically say your designate does not have that power. Minnesota law
also provides remedies for you if your attorney-in-fact abuses the power
you granted and attempts to take advantage of you while you’re
vulnerable. Absent legal documentation that you have appointed a legal
representative, your biological relatives could be permitted to act on
your behalf, rather than your domestic partner.
This information is not intended to constitute or replace legal
advice: always consult your attorney before drafting or signing
documents which affect your legal rights. If you need a referral to a
GLBT-friendly attorney in your area, please contact the OutFront
Minnesota Legal Program at 612-822-0127 ext. 230 or .
Page 1,
2, 3,
4, 5,
6, 7 |
