Power of Attorney Information
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Power of Attorney Information

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Power of Attorney Information Power of Attorney Information Presentation Transcript

  • Staff Judge Advocate 180th Fighter Wing Swanton, Ohio Legal Readiness Brief
  • Powers of Attorney and Advance Medical Directives
  • Briefing Topics
    • Limited or special powers of attorney
    • General powers of attorney
    • Advance Medical Directives
  • Power of Attorney (PoA)
    • A document providing evidence of authority given to another to act as agent for the person giving authority (the “principal”)
    • Two types of PoA:
      • Special, or limited
      • General
  • Limited or Special Power of Attorney
    • Unique to particular type of decision, business, agency or transaction
    • Examples:
      • Parenting authority to nonparent
      • Register/transfer motor vehicles
      • Banking
      • Ship household goods
      • Specific transaction, such as real estate closing
  • PoA In loco parentis
    • PoA “ in loco parentis ” enables a non-parent to exercise parent’s rights and responsibilities over named child or children
    • Those military members required to have a family care plan completed, AF Form 357, may need parenting PoA to complete care plan
  • General Power of Attorney
    • Very broad grant of authority
    • Trust is imperative
    • Intended to convey unlimited authority to transact all kinds of personal business for the principal
    • Agent may be liable to principal for abuses, but irreversible damage can be done if trust is misplaced
  • General Power of Attorney Options
  • General Power of Attorney
    • Without specific words to make it “durable” or “springing”, PoA is effective upon signing and ends upon death, legal disability, or revocation
    • “ Legal disability” upon mental or physical impairment that makes principal unable to transact business for self, not legally competent
  • Durable PoA
    • Durable PoA is a general PoA that includes language stating it remains effective even if principal becomes legally disabled or incompetent
    • If principal is legally competent when PoA is signed, PoA remains valid even if principal is later disabled
  • Durable PoA
    • If person becomes legally disabled without a valid durable PoA, it is then too late for someone to be appointed “power of attorney” for that person
    • In that event, someone (usually spouse or closest relative) would need to be appointed legal guardian by probate court of county of legal residence
  • Durable PoA
    • Legal guardianship proceedings can
    • be costly and not responsive to
    • immediate needs
      • Spouse or relative would need to hire attorney, obtain bonding, arrange expert physical/mental evaluation of principal, account to probate court for income and expenditures
      • All cost money
      • All take time
  • Durable PoA
    • If you have someone that you trust to take over your affairs upon your disability, such as spouse or parent, you should consider granting a durable power of attorney to minimize risks of delay, expense and inconvenience
    • If you don’t trust someone with that authority, don’t even consider it
  • Springing PoA
    • A springing power of attorney is a grant of authority that is not immediately effective upon signing, but becomes effective (“springs” into effect) upon occurrence of a specified event
    • Often tied into disability, i.e., PoA is not effective until principal becomes disabled
  • Limitations of PoA
    • Third party is entitled to rely on
    • PoA, but not required to
    • If in doubt as to whether a person, agency or business will recognize the PoA, ask business or agency in advance of deployment, if possible
  • Termination
    • PoA or directive remains effective for any term stated in document
    • Any PoA or directive can be revoked at any time by principal destroying PoA or signing a document revoking it & giving notice to agent and others who might have relied upon it
    • Contact base legal office or civilian attorney for advice
  • Advance Medical Directives
    • Documents signed in advance of
    • medical treatment to give direction
    • to medical providers as to the patient’s
    • intentions and choices in the event the
    • patient is unable to be consulted with
    • respect to his or her wishes
  • Advance Medical Directives
    • Durable power of attorney for health care
      • Specifies the person the patient wants to make health care decisions for the patient if patient is unable to
      • Highly advisable if potential for conflict exists between spouse, parents, siblings, etc.
  • Advance Medical Directives
    • Living Will
      • Expresses the patient’s wishes to not be kept alive artificially if determined by physicians to be in a “permanent unconscious state”
      • Includes a designation of persons, e.g., family members, to contact in that event
      • Most high-profile “right to die” cases arise over the issue of the patient’s intent
      • The living will is the one way authorized by state law for a patient to express that intent in a legally recognized way
  • Conclusion
    • Power of Attorney
      • Special or limited
        • Parenting
        • Specific Transactions
      • General
        • Durable
        • Springing
    • Advance Medical Directives
      • Living Will
      • Durable Power of Attorney for Health Care
  • Base Legal Office Services
    • Available to military members and dependents with military ID
    • Priority will be given to deploying personnel
    • Available on drill weekends and by special appointment
  • Base Legal Office Services
    • Building 114, Suite 132
    • Telephone: 419-868-4191
    • Phone is not normally manned
    • Monday-Friday, but messages are
    • checked
    • For emergency deployment-readiness
    • issues between drill weekends, contact
    • the 180 th FW orderly room at
    • 419-868-4030