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January 15, 2011

Power of Attorney: Types Often Created

Filed under: Power of Attorney — Tags: — admin @ 12:45 am


A General Power of Attorney is a broad type of POA document, and gives the Attorney in Fact the power to execute, on behalf of the grantor, both legal and financial agreements that are binding.

A Durable Power of Attorney is essentially a General Power of Attorney but, as the name suggests, is meant to be of a permanent nature because the grantor has agreed in writing that he or she wishes the Power of Attorney to remain in effect should the grantor become permanently ill or disabled. Many financial institutions prefer this type of POA, and all fifty states recognize some form of Durable Power of Attorney. SEE BELOW “What rights does the agent or Attorney in Fact have?”

A Specific Power of Attorney (also called Special Power of Attorney) will be in force for a limited amount of time, or will delegate power to the grantee or agent for only a specific instance, such as the signing of certain papers at a location the grantor or principal cannot travel to due to a physical ailment.

A Medical Power of Attorney grants the Attorney in Fact the right to make decisions about medical treatment or health care on behalf of the principal or grantor, perhaps during an illness or for a period of time following an accident.

A Springing Power of Attorney goes into effect at some date or circumstance in the future, for example when cancer spreads so as to disable the grantor, and the POA remains in effect until the grantor’s death.

A Power of Attorney for Care of a Minor Child is a document that temporarily assigns another person the right to make health care or legal decisions on behalf of a child who may be in their care. Many states limit the term of this Power of Attorney to six months, after which time guardianship must be sought if the parents cannot care for the child for any reason (disability or death).


You might also like:

Index of posts about Power of Attorney

Index of posts about common types of notarized documents


1 Comment »

  1. This article was very timely.let me state I am a Notary Public and not an attorney. I work in a billing office that handles medical information covered under HIPPA as well as account balances owed by patients. I received a letter from a company with a very legal sounding name. It contained a copy of DPOA and listed all the situations that it covered. Every line item had to do with the fiduciary duties of the “attorney in fact”. No where in the document did it mention medical information, medical diagnosis, insurance coverage or records.I attempted several time to call the number listed and I would receive a voice message “the message box if full try again latter”, Hmmm. I finally was able leave a message for the Paralegal DPOA stating I could only release the financial amount due for services. I could not discuss and diagnosis, treatment or insurance coverage of the patient as the DOPA spelled out only fiduciary duties of the “attorney in fact” and there were no DPOA for health care or even a simple Health care proxy document inclosed for this patient. I did inform the DOPA the financial obligation owed to our company as well as general insurance rules and regulations that would apply to anyone under Massachusetts law.
    My Question is was I correct in they way I handled this situation. To date I have not heard back form the DPOA.

    Thank you for your time
    David Jusseaume
    Notary Public
    Commonwealth of Massachusetts

    Comment by David Jusseaume — August 19, 2013 @ 2:39 pm

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