Power of Attorney for Deployment
Power of Attorney for Deployment
At the Boppre Law Firm, each of our attorneys has a special connection with the military. This connection allows us to better understand the needs of service members who come through our doors in look of assistance. One legal document which is frequently utilized by service members is a power of attorney. In the event of deployment, a power of attorney can be a very useful document for a service member and his family to have. However, understanding the various types of power of attorney is essential to ensuring that the document serves the purpose it is meant to.
There are three types of power of attorney: General Power of Attorney, Durable Power of Attorney, and General Durable Power of Attorney.
General Power of Attorney
A General Power of Attorney is a document which allows your elected attorney-in-fact (often a spouse, parent, sibling, or trusted friend) to sign your name on financial and legal documents on your behalf. The document takes effect at the time of signing. However, the document will no longer be in effect if you become incapacitated. That is, if you wind up injured and unable to make your own decisions, your General Power of Attorney no longer protects you. You would not be able to sign an alternate power of attorney document which would allow your attorney-in-fact to continue signing your name on your behalf, as incapacitated individuals are inherently unable to sign legal documents.
As such, our office typically does not recommend a General Power of Attorney for those service members preparing for deployment. While it is beneficial that these documents take effect upon signing, most service members do not wish for the power of attorney to lapse in the event that they become incapacitated.
Durable Power of Attorney
A Durable Power of Attorney is a document which allows your elected attorney-in-fact to sign your name on financial and legal documents on your behalf. The document only takes effect in the event that you are incapacitated. While you are in perfect health, your attorney-in-fact will not be able to sign your name to anything on your behalf.
For this reason, our office typically does not recommend a Durable Power of Attorney for those service members preparing for deployment. Most service members prefer their attorney-in-fact be able to assist them in managing their finances and legal needs while they are gone – not just in the event that they become incapacitated.
General Durable Power of Attorney
A General Durable Power of Attorney is a document which allows your elected attorney-in-fact to sign your name on financial and legal documents on your behalf. The document takes effect at the time of signing, just like a General Power of Attorney. Unlike a General Power of Attorney, the document remains in effect in the event that the you become incapacitated. The document will be in effect from the time you sign it, through incapacity, until you feel it has served its purpose.
This is the type of power of attorney that our office typically recommends for service members preparing for deployment. It ensures that your attorney-in-fact is able to assist you in managing your affairs from afar without any unexpected delays or obstacles.
If you have any questions about power of attorney documents, or you would like assistance in preparing your documents, feel free to give the Boppre Law Firm a call to set up a consultation!