Powers of attorney are powerful legal instruments, allowing you to give someone you trust the authority to act on your behalf if you’re physically or mentally incapacitated. Without a power of attorney, your spouse may be unable to sell jointly-owned assets, and business partners may not have the ability to enter into new contracts. Before having your lawyer draw up a power of attorney, it’s important to understand what they can and can’t do.

What Powers of Attorney Can Do

Many people choose to restrict the authority granted by a power of attorney to specific areas, such as medical decisions or managing finances. These powers can be extremely precise, such as writing checks or consenting to certain medical procedures, or broad enough to cover a wide range of situations. A person with a power of attorney, also known as an agent, may choose your doctors or health care providers, file taxes on your behalf, apply for public benefits, and even decide where you will live.

What Agents Can’t Do

While powers of attorney provide extensive authority, agents have a fiduciary responsibility to act in your best interests. For instance, if they take assets for themselves, your family members have the right to hire a lawyer and challenge their decisions. They can’t change your will or make legal decisions for you after death unless they’ve been named the executor of your estate. While your agent can refuse the responsibility at any time, even after serving in the role for years, they can’t change the powers granted by a power of attorney, or transfer authority to someone else.

Estate planning can be confusing and overwhelming, but a skilled lawyer will guide you through the process, ensuring you’re prepared for the unexpected. With offices in Charlotte, Concord, Gastonia, and Lake Norman, The Law Office of J. Baron Groshon serves clients throughout North Carolina, providing the legal insight you need to ensure your wishes are respected. Follow their Facebook for more legal tips, visit their website to find your nearest location, or call (704) 342-2876 to schedule an appointment with a lawyer in their Charlotte office.