As part of a loved one’s estate plan, you may be asked to make decisions in their best interests if they’re ever incapacitated. A power of attorney is a legal document that will grant you this authority, and its terms will outline the scope of your decision-making control. Here’s more information about what you can and can’t do with this responsibility.

What a Power of Attorney Entails

A person grants another a power of attorney, and people with it need to act on behalf of the grantor and their wishes. It’s typically only used when someone can’t make decisions for themselves because they aren’t conscious or of sound mind.

With this document, the agent can make medical decisions for the individual who gave them the authority. If you have this power, you may be called upon to make serious choices for another person, like whether or not they should be kept on life support. This power also gives you reign over their finances. You may need to write checks, file taxes, make real estate transactions, and transfer property on behalf of the grantor.

Limitations Placed on a Power of Attorney

There are restrictions in place to limit the power of attorney so that it cant override preexisting wishes. For example, the agent can’t change a person’s written will or extend their given duties by using the power of attorney. Additionally, the agent can’t transfer their authority to another without the consent of the grantor’s attorney. Ignoring these restrictions may lead to fraud or negligence charges.

If you want to draft a power of attorney, contact the team at Wills and Trusts Hawaii in Honolulu. These legal professionals will walk you through the process to ensure the document is accurate and reflects your wishes. To get more information about their services, visit the website or call (808) 792-8777.