What are the Different Types of Power of Attorney?

Author

The Dorcey Law Firm

Posted on

Jan 10, 2022

Book/Edition

Florida - Southwest

Share This
For more information on The Dorcey Law Firm, Click here.
When caring for a loved one or preparing your own plan for the future, it's important to understand what options are available to you. Keep reading to learn more.
What Is a Power of Attorney?
Power of Attorney or POA is a document that gives one person the legal right to oversee and act on behalf of another. POAs can make financial, medical, and property decisions depending on the document's level of authority.
Most often, a power of attorney is used to help make medical decisions if a person cannot make them for themselves. It's also important to note that a POA can be terminated if necessary. There are several types of POAs beyond a traditional durable power of attorney.
Limited Power of Attorney
When an individual needs help taking care of necessities like bills, investments, taxes, etc., a limited POA allows the caregiver to manage these matters within parameters defined in the order. Limited POAs are always limited in time and authority.
For example, your grandparent is still in good physical health, but they've become more forgetful and can no longer pay bills or handle their finances. A limited POA would give you the ability to make those decisions for them. If they receive treatment or recover their cognitive abilities, the POA would end.
Durable Power of Attorney (DPOA)
If you need to set up a longer-lasting order, a durable power of attorney may be a better choice. DPOAs can make financial decisions and manage things on behalf of the principal, but they cannot make healthcare decisions like taking the person off of life support or agreeing to therapies, treatments, etc.
You can also choose to set up a healthcare-specific DPOA or a financial DPOA where the agent only makes medical or financial decisions on behalf of the principal. In most cases, it may be beneficial to set up a medical and financial DPOA.
Keeping the two matters separate ensures that the person elected to power of attorney is overwhelmed, and it's also a good idea to avoid putting your eggs in one basket. Having different people serve in a POA role can also work as a system of checks and balances. The medical DPOA can't make decisions that would take excessive funds without the permission of the financial DPOA and vice versa.
General Power of Attorney
The most versatile POA is the general power of attorney. If you're a GPOA, you can perform almost any act on behalf of the person in your care. However, it's important to understand that should the principal pass away or become incapacitated, the power is revoked.
Springing Power of Attorney
Some states allow you to set up a "springing" power of attorney that becomes active if a specific event occurs. For example, suppose the principal is a military service member. In that case, the springing POA agreement may state that the powers come into effect if the principle is harmed or incapacitated while deployed.
Of course, there are many applications for a springing POA, so always talk to an estate planning lawyer about your options.
Choosing the Right Power of Attorney
Sometimes having too many choices can be worse than having none at all. While it's probably overwhelming to consider the different types of POAs you can establish, speaking to an estate planning attorney can give you peace of mind.
At Dorcey Law Firm, we provide trusted guidance tailored to your specific needs. From the power of attorney documents to creating an overall estate plan, our team can help.
We understand how frustrating it can be to figure out the best plan for you, which is why we work with you to understand your goals, work out a plan, and draft the necessary documents that can give you peace of mind.

Other Articles You May Like

Long, Successful Career Helps Philanthropist Support his Community

Jerry F. Nichols is a stellar example of continuing to work and support his community long after many have retired.At age 79, he continues to serve as full-time executive vice president of Brown & Brown Insurance and financial representative for Northwestern Mutual. Also, for many decades, Nichols has quietly set an inspiring example through philanthropy, dedicated to improving the lives of children and working adults in Southwest Florida.Combining his career success and philanthropy is something Nichols was recognized for five times by the Northwestern Mutual Financial Network. Nichols was also named a Junior Achievement Hall of Fame Laureate, which honors influential, visionary leaders who have significantly impacted the educational landscape for youth in Southwest Florida in entrepreneurship, work readiness and financial literacy.Late last year, Nichols solidified this commitment to the community by making the first major donation to Healthcare Networks capital campaign. This donation will support the construction of the nonprofit organizations planned 20,000-square-foot health center in the Orangetree area of Golden Gate Estates, ensuring essential access to affordable healthcare for the community.The Orangetree area has grown over 75% in the last several years, which makes the lack of healthcare services alarming, said Jamie Ulmer, Healthcare Network president and CEO. Jerrys continued support of our mission is a testament to his generosity and commitment to making Collier County a healthier place for everyone.Located in northeastern Collier County between Ave Maria and Golden Gate, the planned health center is projected to provide care to nearly 30,000 patients in its first year. The array of comprehensive services will include pediatrics, adult and senior care, obstetrics and gynecology, dental care, x-ray and lab, behavioral health counseling and a drive-thru pharmacy.I believe health care is vital to keeping any community thriving, Nichols said. Everyone should have access to essential primary care services. Supporting the construction of the new health center means that Orangetree residents, including vulnerable children and seniors, have access to affordable and comprehensive care without needing to leave their own community.In 2018, Nichols received Healthcare Networker of the Year Award for his pivotal role in supporting the improvement of pediatric care in Collier County for thousands of area children. Then, he was recognized as the lead donor for the Nichols Community Health Center, a 50,000-square-foot primary health care facility in the heart of the Golden Gate community that opened in 2020. This center significantly enhanced essential healthcare services for the largest underserved population in Collier County. Along with the Nichols Pediatric Center at the YMCA of Collier County, it reinforces Nichols vision of making quality healthcare accessible to all children and their families in Southwest Florida.Nichols has not only made financial contributions but has also dedicated his time to numerous causes, primarily focusing on local children and education. Some of the many not-for-profit organizations supported by him include the Boys and Girls Club of Collier County, Junior Achievement of Southwest Florida, the Community Foundation of Collier County, the Ronald McDonald House of SWFL, and Healthcare Networks Ronald McDonald Care Mobile. In addition, Nichols provides support to various Lee Health programs, including Golisano Childrens Hospital, Golisano Childrens Health Center in Naples, and Golisanos Pediatric Behavioral Health Center in Bonita Springs.  I have focused my efforts and financial support on organizations that have an impact on childrens lives through education, access to health care, and safe environments that help them grow and develop into their full potential, Nichols said. When children arent healthy, theyre not reaching their full potential.   Healthcare Network is actively seeking contributions for its capital campaign with the goal of raising $15 million. Community support is pivotal to achieving this goal and ensuring that every resident in Collier County has access to essential primary care services. Visit HealthcareSWFL.org to learn more about Healthcare Network's mission and contribute to the capital campaign. By Gabrielle OBoyle, director of public relations and marketing, Healthcare Network

Long, Successful Career Helps Philanthropist Support his Community

Nearly 50 years as a financial and insurance executive results in decades of community supportBy Gabrielle OBoyle, director or public relations and marketing, Healthcare NetworkJerry F. Nichols is a stellar example of continuing to work and support his community long after many have retired.At age 79, he continues to serve as full time executive vice president of Brown & Brown Insurance and financial representative for Northwestern Mutual. Also, for many decades, Nichols has quietly set an inspiring example through philanthropy, dedicated to improving the lives of children and working adults in Southwest Florida.Combining his career success and philanthropy is something Nichols was recognized for five times by the Northwestern Mutual Financial Network. Nichols was also named a Junior Achievement Hall of Fame Laureate, which honors influential, visionary leaders who have significantly impacted the educational landscape for youth in Southwest Florida in entrepreneurship, work readiness and financial literacy.Late last year, Nichols solidified this commitment to the community by making the first major donation to Healthcare Networks capital campaign. This donation will support the construction of the nonprofit organizations planned 20,000-square-foot health center in the Orangetree area of Golden Gate Estates, ensuring essential access to affordable healthcare for the community.The Orangetree area has grown over 75% in the last several years, which makes the lack of healthcare services alarming, said Jamie Ulmer, Healthcare Network president and CEO. Jerrys continued support of our mission is a testament to his generosity and commitment to making Collier County a healthier place for everyone.Located in northeastern Collier County between Ave Maria and Golden Gate, the planned health center is projected to provide care to nearly 30,000 patients in its first year. The array of comprehensive services will include pediatrics, adult and senior care, obstetrics and gynecology, dental care, x-ray and lab, behavioral health counseling and a drive-thru pharmacy.I believe health care is vital to keeping any community thriving, Nichols said. Everyone should have access to essential primary care services. Supporting the construction of the new health center means that Orangetree residents, including vulnerable children and seniors, have access to affordable and comprehensive care without needing to leave their own community.In 2018, Nichols received Healthcare Networker of the Year Award for his pivotal role in supporting the improvement of pediatric care in Collier County for thousands of area children. Then, he was recognized as the lead donor for the Nichols Community Health Center, a 50,000-square-foot primary health care facility in the heart of the Golden Gate community that opened in 2020. This center significantly enhanced essential health care services for the largest underserved population in Collier County. Along with the Nichols Pediatric Center at the YMCA of Collier County, it reinforces Nichols vision of making quality healthcare accessible to all children and their families in Southwest Florida.Nichols has not only made financial contributions but has also dedicated his time to numerous causes, primarily focusing on local children and education. Some of the many not-for-profit organizations supported by him include the Boys and Girls Club of Collier County, Junior Achievement of Southwest Florida, the Community Foundation of Collier County, the Ronald McDonald House of SWFL and Healthcare Networks Ronald McDonald Care Mobile. In addition, Nichols provides support to various Lee Health programs, including Golisano Childrens Hospital, Golisano Childrens Health Center in Naples, and Golisanos Pediatric Behavioral Health Center in Bonita Springs. I have focused my efforts and financial support on organizations that have an impact on childrens lives through education, access to health care and safe environments that help them grow and develop into their full potential, Nichols said. When children arent healthy, theyre not reaching their full potential.  Healthcare Network is actively seeking contributions for its capital campaign with the goal of raising $15 million. Community support is pivotal to achieving this goal and ensuring that every resident in Collier County has access to essential primary care services. Visit HealthcareSWFL.org to learn more about Healthcare Network's mission and contribute to the capital campaign.  

Transitioning from Assisted Living to a Nursing Home Care; An Inclusive Handbook

As people grow older and their care requirements evolve, there may come a point where transitioning from assisted living to a nursing home is needed. Making this choice can be tough as it involves weighing factors, like health, safety and overall well being. In this article we discuss the different considerations for determining the time to switch from assisted living to a nursing home, the process of transitioning, and how Seniors Blue Book can serve as a valuable resource during this transition. Key Factors to Keep in MindHealthcare Needs; One crucial aspect is assessing the individuals healthcare needs. If the person requires medical attention and monitoring beyond what assisted living offers, moving to a nursing home might be more suitable.Activities of Daily Living (ADLs); It's important to evaluate whether the individual can independently carry out daily activities like bathing, dressing and using the toilet. If these tasks become too challenging in an assisted living setting, opting for a nursing home with enhanced care could be necessary.Safety Considerations; Safety plays a role in this decision making process. If a person faces a risk of falls or other mishaps due to cognitive limitations they might require the level of supervision and safety measures provided in a nursing home.Caregiver Fatigue; When family members or assisted living caregivers feel overwhelmed from the responsibilities of looking after someone it could signal the need to consider moving them to a nursing home where their care requirements can be better addressed. The Transition JourneyMoving from living to a nursing home can be intricate and emotional. Here are some steps to think about...Evaluation; It's important to conduct an assessment of the individuals care needs to determine if transitioning to a nursing home is the decision.Communication; Maintaining honest communication with the individual, family members and healthcare providers is crucial throughout this transition phase. Planning; Thoughtful planning plays a role in ensuring a transition. This may involve coordinating with nursing home staff facilitating the transfer of records and organizing the persons belongings.Support; Providing support for both the individual and their family members is vital during this period. Counseling sessions and participation, in support groups can offer assistance.Adaptation; It's crucial to give the person time to get used to their environment and daily routine at the nursing home. How Seniors Blue Book Can Be of Assistance:Seniors Blue Book serves as a source of information for individuals and families navigating the transition from assisted living to a nursing home. Here's how Seniors Bluebook can offer support: Extensive Directory; Seniors Blue Book presents a directory of nursing homes providing information on services, facilities, costs and contact details. This directory helps individuals and families in finding a nursing home that aligns with their requirements and preferences.Professional Advice; Seniors Blue Book offers expert advice and resources to guide individuals and families through the transition process. Their team of professionals can offer tailored recommendations based on needs and preferences.Educational Materials; Seniors Blue Book provides materials and articles covering topics related to nursing home care, including the transition process, caregiver assistance well as legal and financial planning. These resources assist individuals and families in making informed decisions regarding nursing home care. To sum up the decision to transition from assisted living to a nursing home one should consider factors such as healthcare needs, activities of living (ADLs), safety considerations, as well, as caregiver stress levels.Seniors Bluebook is a resource that provides information and support to assist individuals and families in navigating this difficult transition, with assurance.  

Local Services By This Author

Dorcey Law Firm

Elder Law 10181 6 Mile Cypress Parkway Suite C, Fort Myers, Florida, 33966

At Dorcey Law Firm, our experienced legal team have proudly represented numerous clients, focusing on areas like Estate Planning, Business Planning, Asset protection, Elder Law, and Probate. Over the years, our attorneys have efficiently managed and escrowed countless trust accounts. This includes meticulous work in our Probate & Trust Administration as well as our Estate Planning and Elder Law departments.  We understand that each client's needs are unique. Hence, our team is dedicated to tailoring services that not only meet your needs but also ensure that your estate plans are designed, executed, funded, and kept updated. Our in-house Trust Funding Department ensures that every estate plan crafted by our lawyers is fully funded. This commitment ensures our clients wishes are honored without unnecessary delays, excessive costs, or asset depletion.  By partnering with us, you're not just securing your assets; you're laying a foundation that benefits your family for generations. Additionally, our exclusive Auto-Pilot Planning Program (APP) is designed to keep your estate plan up-to-date with ever-evolving laws and life changes, ensuring seamless adjustments when needed.  Whether you've recently settled in Florida or have been a resident for years, or if you're exploring ways to protect your assets now or in the future, Dorcey Law Firm in Fort Myers is committed to helping you craft the perfect estate plan to care for your loved ones.