Power of Attorney Tips

Power of Attorney Tips

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2016-08-01

None of us likes to think about the possibility of something happening that might prevent us from managing our own finances, but it does happen. If you are ill, incapacitated, or just out of the country, you might need someone else to manage your money for a while. 

It can happen to anyone. Sarah was fit and healthy at 52 when she was involved in a serious car accident. It happened in an instant, and she was in hospital for five months. Suddenly, her sons had to make decisions about her health and her money. A Power of Attorney can make this situation a lot easier.

What is a Power of Attorney?

It’s a legal document that you sign to give someone else, someone you trust implicitly, the authority to make decisions on your behalf. The document will state exactly what legal rights the person will have and what decisions they are able to make for you. In many states, the document has to be notarized, witnessed, and signed. 

Power of Attorney Tips

  1. Do you really need a POA?  Don’t let anyone pressure you into signing a POA. Take your time, and look at all the angles. Perhaps you’re going to have lengthy medical treatment, and you don’t want to have the burden of financial and investment decisions during this time. Decide if your situation warrants a POA. 
     
  2. Make it a Durable POA. This means that in the event that you do become incapacitated, someone already has the right to act on your behalf. If you don’t have this in place, it can require a court action to get this done, which can be time-consuming and expensive. This would have been very helpful to Sarah’s sons when she had her car accident. 
     
  3. Who to pick for the Power of Attorney. It must be someone you trust and someone with enough knowledge to be able to manage your affairs and your finances. Discuss the responsibilities with this person, so that you can establish that they are willing and able to do the job. 
     
  4. List specific duties. Be very clear about the authority you are granting. It might include certain investments and accounts, but not others. State whether the POA includes designating beneficiaries.
     
  5. Check the legal requirements of your state. Each state is different, so make sure you have the right content in your POA. 
     
  6. Have each page notarized and signed. That keeps the entire document safe and secure.  No pages can be taken out or replaced.

A Power of Attorney is one of the documents along with a will and an advanced healthcare directive that everyone should have in place in case of emergencies.

 

IMPORTANT DISCLOSURES

Material contained in this article is provided for information purposes only and is not intended to be used in connection with the evaluation of any investments offered by David Lerner Associates, Inc. This material does not constitute an offer or recommendation to buy or sell securities and should not be considered in connection with the purchase or sale of securities. 

To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. 

Each taxpayer should seek independent advice from a tax professional based on his or her individual circumstances.

These materials are provided for general information and educational purposes based upon publicly available information from sources believed to be reliable-- we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice.

David Lerner Associates does not provide tax or legal advice. The information presented here is not specific to any individual's personal circumstances. Member FINRA & SIPC

Tags: David Lerner Associates, Power of Attorney, Tips, Estate planning, Women and Finances

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About

Founded in 1976, David Lerner Associates is a privately-held broker/dealer with headquarters in Syosset, New York and branch offices in Westport, CT; Boca Raton, FL; Teaneck and Princeton, NJ; and White Plains, NY. For more information contact David Lerner Associates Call 516-921-4200 Visit our website: www.davidlerner.com

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Contact

Jake Mendlinger
Account Manager
Zimmerman/Edelson
516.829.8374 X 232
jmendlinger@zimmed.com

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