Why Durable Power Of Attorney Is Crucial Before Holiday Travel

In this article, you can discover…

• What a durable power of attorney is, and why it’s important before you travel.
• How quickly a power of attorney can be put in place before you leave.
• The types of authority you can authorize your power of attorney to have.

What Is A Durable Power Of Attorney, And Why Is It Important Before Travel?

A durable power of attorney is a document in which you appoint someone you trust to handle your legal and asset-based affairs if you are unable to do so. Their acts must benefit you, and can include signing documents and making business decisions.

Durable power of attorney does not include any healthcare privileges, though these privileges can be specially built into a durable power of attorney. In most cases, however, healthcare directives are handled through a different form.

What Types Of Decisions Can My POA Make While I’m Away?

Your POA can make any decision you can make, though any decision made by your agent has to be in your best interests, as this is a legal, fiduciary relationship.

In most instances, your POA would act in response to something, such as a contract that needed to be signed or a bill that needed to be paid.

Can I Limit My POA’s Authority To Just The Travel Period?

Yes, you certainly can. This is called a “limited power of attorney”, and you can limit that power on the basis of time, the basis of what can be done, or both.

For example, say a husband and a wife both need to sign papers to sell their home, and the husband is out of town. With a limited power of attorney, the wife can sign the closing documents for her husband. This limited power of attorney, however, could restrict her to being able to sign only that specific document on his behalf.

How Quickly Can A POA Be Put In Place Before I Leave?

Generally, within a day or two. As soon as it is signed, a power of attorney document is legal.

In South Carolina, powers of attorney are filed in the records of the Register of Deeds office. Having said that, these documents don’t have to be filed to be valid;  they’re legally valid as soon as they’re signed.

What Happens If I Become Incapacitated Without A Power Of Attorney?

If you don’t have a power of attorney, then someone will have to go to court on your behalf and be appointed as conservator of your assets or as guardian over your body. They will have to know you well, knowing where you live, the kind of food you can eat, and so on.

How Does A POA Help If I’m Hospitalized Or Detained While Traveling?

Your agent can deal with the hospital regarding bills, can pay your other bills, can make sure your home is safe, and so on. Anything that you would be doing if you weren’t hospitalized, your power of attorney agent can be authorized to handle.

Still Have Questions? Ready To Get Started?

For more information on establishing a power of attorney for travelers in South Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.