An unlimited power of attorney is a legal document.
This POA gives the agent the power to act on behalf of the principal.
The agent is the person you’re giving unlimited power of attorney to.
And the principal is the person creating the unlimited power of attorney.
Unlimited power of attorney has authority over any and all matters.
Unlimited power of attorney gives the agent power over matters like:
And the unlimited POA ends for reasons like:
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There are some rules for getting an unlimited power of attorney.
To get an unlimited power of attorney, you need to:
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Unlimited POA needs to be considered when planning for long-term care.
Unlimited power of attorney acts on behalf of the principal.
They have authority in any and all matters that are allowed by the state.
For example, a limited power of attorney does NOT have unlimited authority.
The principal can limit the authority that the agent has.
They can limit the authority to ONLY financial or medical decisions.
But the unlimited power of attorney is only limited by the state laws.
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A durable UPOA remains in control even after the principal becomes incapacitated.
A normal unlimited power of attorney ends when someone becomes incapacitated.
But the durable unlimited power of attorney is still intact when someone becomes incapacitated.
Let’s assume that your mother becomes incapacitated by dementia or Alzheimers.
If you don’t have a durable unlimited power of attorney.
You would still be able to:
If you don’t have a durable UPOA, you won’t be able to do anything for your mother.
It’s a good idea to set up a durable unlimited power of attorney when a loved one:
If you don’t have a durable unlimited POA, then you will have to gain authority from the court.
Meaning, you have to:
Let’s assume that your mom got into a car wreck.
And she goes into a coma or needs major surgery.
You cannot make any medical decisions for her without a durable unlimited power of attorney.
Because she is incapacitated at this point.
You will have to go in front of a judge to request authority to make decisions.
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Each state has different rules for unlimited power of attorney.
You should reach out to an estate planning lawyer to get a POA created for you.
This is the best approach to make sure your POA is created per state laws.
Creating one on your own could lead to disaster.
If the POA is not created correctly, the agent could have access to the wrong items.
You may not want someone who blows money to be in control of your finances.
But you need that person to be in control of your medical decisions.
Working with an estate planning lawyer makes sure it’s all set up correctly.
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This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice.