The POA primer

Talking about things like a Power of Attorney (POA) can be unsettling for military families. Usually these kinds of things are talked about in anticipation of deployment. Nerves aside a well documented POA can help the time of separation go smoother. There are a few things you need to know for when you are preparing information to have a POA drawn up. Write down any questions you have for the law professional who will be drawing up your documents and take it with you when you go in.

 

Some POAs are very uncomplicated and straightforward. The more property, bank accounts, investment accounts, etc. that you and your spouse have in both names, the more complicated it can get. For example, did you know that your financial institutions may want a POA that lists them specifically. They may have very specific wording they must have in order to accept your POA. It’s always wise to check with them and ask them to send you their policy on POAs. Take this information with you when you have your POA drawn up.

 

Here’s a quick primer on the four different types of POAs. The following information was found on Legal Helpmate.

 

Limited Power of Attorney. Through a limited Power of Attorney you authorize another person to do specific things for you for a limited period of time, or in certain circumstances. The limited Power of Attorney ends if you become incapacitated or die. It also could end at a time that you specify in the document.
 
General Power of Attorney. A general Power of Attorney gives another person the authority to do whatever you can do. Think very carefully before signing this type of document. It should be used sparingly. This document ends when you become incapacitated or die.
 
Durable Power of Attorney. A durable Power of Attorney authorizes your agent to continue to act for you after you become incapacitated. This document ends at your death. It can take effect as soon as you sign it.
 
Springing Power of Attorney. A springing Power of Attorney can be written so it goes into effect if you become incapacitated. Be very careful to define clearly exactly how others will determine that the “springing event” has occurred.

 

Remember to strategically think ahead to what business you may need to deal with while your spouse is away. A well planned POA can save a military spouse a lot of grief when they are trying to take care of vital business on the home front.

2 Responses to “The POA primer”

  1. Reasa Says:

    I have learned that some places, even on post, will not accept a POA, even a specific one. Sometimes if they do it is a fight to get them to see it is legal and has everything spelled out. I have not had to use mine to much but the times I did were nerve racking at best.

  2. Claire Says:

    I came across that too. It’s very frustrating! My best advice for wives is to be sure that you have all access and all permissions on all accounts before he leaves. That right there eliminates a lot of frustrations!

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