LAW
Queer Justice: Will vs. Power of Attorney?
By Atty. Jennifer Dexter*
TRT Law Columnist
Dear Queer Justice:
What is the difference between a Living Will and a Power of Attorney? Which one do you recommend and for what reason?
—Tom, Southampton
Dear Tom:
A Living Will is quite different from a Power of Attorney. The term Living Will is defined by Black’s Law Dictionary as an instrument which is executed with the same formalities as a will (must be signed before two disinterested witnesses as well as notarized), in which a person directs that his or her life not be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme physical or mental disability.
There are four types of Powers of Attorney; (1) durable power of attorney; (2) general power of attorney; (3) irrevocable power of attorney; and (4) special power of attorney. The most common being the durable power of attorney.
A durable power of attorney is a document which grants a specific person the authority to act as an agent or attorney-in-fact for the grantor (the person executing the instrument) during the grantor’s incompetence. This type of POA is only valid should the grantor become incompetent or incapacity. The instrument typically specifies that the agent or attorney-in-fact has the authority to do anything the grantor could do. For example, the agent could buy and sell stock or property or pay bills on behalf of the grantor.
A general power of attorney is an instrument which authorizes an agent to transact business on behalf of the grantor. An irrevocable power of attorney is a POA which cannot be revoked and a special power of attorney is a POA which is limits the authority of the agent to only specific matters.
Basically, a living will tells people what you want medically in the event you can’t and a power of attorney gives someone the authority to act on your behalf and take care of your affairs.
These two documents serve two very distinct situations. I would recommend executing both documents so you are sure your wishes and desires are respected.
*Attorney Jennifer L. Dexter earned a B.A. in Psychology from The University of Central Florida. She moved to Massachusetts to attend law school at The Western New England College of Law in Springfield, Mass. She is a member of the Massachusetts Bar and has a Solo General Practice in the Pioneer Valley Area. The information contained herein is intended for educational purposes only and does not represent legal advice. Should you need legal advice, please contact an attorney. If you have legal questions that are unanswered, send your questions to: queerjustice@comcast.net
By Atty. Jennifer Dexter*
TRT Law Columnist
Dear Queer Justice:
What is the difference between a Living Will and a Power of Attorney? Which one do you recommend and for what reason?
—Tom, Southampton
Dear Tom:
A Living Will is quite different from a Power of Attorney. The term Living Will is defined by Black’s Law Dictionary as an instrument which is executed with the same formalities as a will (must be signed before two disinterested witnesses as well as notarized), in which a person directs that his or her life not be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme physical or mental disability.
There are four types of Powers of Attorney; (1) durable power of attorney; (2) general power of attorney; (3) irrevocable power of attorney; and (4) special power of attorney. The most common being the durable power of attorney.
A durable power of attorney is a document which grants a specific person the authority to act as an agent or attorney-in-fact for the grantor (the person executing the instrument) during the grantor’s incompetence. This type of POA is only valid should the grantor become incompetent or incapacity. The instrument typically specifies that the agent or attorney-in-fact has the authority to do anything the grantor could do. For example, the agent could buy and sell stock or property or pay bills on behalf of the grantor.
A general power of attorney is an instrument which authorizes an agent to transact business on behalf of the grantor. An irrevocable power of attorney is a POA which cannot be revoked and a special power of attorney is a POA which is limits the authority of the agent to only specific matters.
Basically, a living will tells people what you want medically in the event you can’t and a power of attorney gives someone the authority to act on your behalf and take care of your affairs.
These two documents serve two very distinct situations. I would recommend executing both documents so you are sure your wishes and desires are respected.
*Attorney Jennifer L. Dexter earned a B.A. in Psychology from The University of Central Florida. She moved to Massachusetts to attend law school at The Western New England College of Law in Springfield, Mass. She is a member of the Massachusetts Bar and has a Solo General Practice in the Pioneer Valley Area. The information contained herein is intended for educational purposes only and does not represent legal advice. Should you need legal advice, please contact an attorney. If you have legal questions that are unanswered, send your questions to: queerjustice@comcast.net