As we age, we start to wonder who will take care of us or what will happen if we ever need help. From all of our life’s belongings to our health and wellness, we want to make sure it’s all protected. That’s where a power of attorney can come in handy, helping individuals communicate their wishes and pass on responsibility to someone they trust in case the unthinkable happens. And, if accompanied by an affidavit, it serves as a binding legal contract.
What Is A Power of Attorney?
Power of attorney (POA) is a way of passing responsibility to someone. For instance, if you’re not in the best of health conditions, you can grant someone you trust the right to act on your behalf. In this case, they can do anything from signing for your medical treatment to fulfilling your final wishes if you are to pass away. Many times, a POA is created by parents and granted to their children. In this case, as the parents grow older, they can feel secure that their children will step in and make decisions for them when they no longer can.
What is an Affidavit?
With all legal documentation, there must be proof of the content and statements made. An affidavit serves that purpose, helping to prove the contents of a contract or a legal document. If a person signs, they are taking responsibility for all things presented and agreeing to terms. Though it required no judge or court hearing, it stands up in a court of law. In other words, the person who signs an affidavit is held responsible and is said to have committed perjury if they do not comply. So, when signing, it’s critical to know all the fine print in the document to be on the safe side.
Power of Attorney Affidavit
When you’ve signed over rights to someone to act as your power of attorney, they will need documentation to prove it. For instance, no one can make official decisions for someone else without documentation so, they need something that states their rights. An affidavit acts as a verification that you are giving someone the legal right to decide on your behalf. With this document, your chosen agent can:
- Approve or deny medical treatments
- Handle finances if you become incapable
- Take care of distributions of your assets upon your death
- Sign documents on your behalf if needed
Limits to Power of Attorney
When drawing up a power of attorney and signing an affidavit, you want to be clear about your wishes. Reason being that your chosen agent can only act within their rights and cannot do anything further. Being specific with the things you’d like your agent to oversee will help keep you out of harm’s way both medically and financially. Plus, if you become incapable of doing so, you can rest assured that someone will be there to help you.
This is not a legal advice, always consult your Lawyer.