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As a Boise Probate Attorney I often get calls from people wanting to know what they can do if they have property in the jurisdiction that needs to be tended to while they are out of the state. Or, another form of this question Boise Probate Attorneys hear is what do you do when you leave your children in the jurisdiction with a babysitter while you leave the country?
These types of issues can easily be handled with a Power of Attorney. A Power of Attorney gives someone you choose, your authority to handle your personal matters while you are away or incapable (having surgery, for example).
Idaho has specific requirements for Powers of Attorney. If it is in the proper form and properly executed the Power of Attorney has the same effect as if it were you handling your affairs. So, for example, if you are planning on going to Europe and you are leaving your young children at home with a babysitter you would want to execute your Power of Attorney, designating the babysitter or another trusted adult as the your agent. This would allow the babysitter or the adult to take the child to the doctor or the hospital and authorize medical care, or to call the child in sick from school or the like. If you don't leave a Power of Attorney the doctor or the hospital could deny the child care because you would lack authorization to get the care. The same goes for your financial affairs. If you have a piece of property listed for sale but you find that you will be out of the country and the property might sell before you return, you would execute a Power of Attorney authorizing your agent to sign the sale documents for you.
A Power of Attorney can limit the attorney in fact's power to a specific transaction or it can be a general power in case something uncontemplated arises.
Why is a Power of Attorney something Probate or Estate Planning Lawyers deal with? The law governing Powers of Attorney falls under the Idaho Uniform Probate Code. The Idaho Probate Code deals with Estates, Wills, Trusts and Probate and so Probate Lawyers are very familiar with Powers of Attorney.
What happens if you execute a Power of Attorney and someone refuses to accept it? If it is in the proper form and properly executed, anyone with whom you would deal with in person must accept the Power of Attorney and the actions of your designated attorney in fact. If they don't, unless they have a justifiable reason as outlined in the Idaho Probate Code, they will be ordered by an Idaho Court to accept it and will be ordered to pay your attorneys fees associated with having to hire a lawyer and going to court to make them accept it.
What happens if your attorney in fact makes a decision that you as the principal would not have made? The down side of a Power of Attorney is that you are bound by their decision, just as if you had made the decision yourself. It is important to choose your attorney in fact carefully and it goes without saying that it should be someone you trust.
There are numerous other situations where you could use a Power of Attorney, but these two examples give a idea of what an effective tool they can be.
If you need a Power of Attorney, need to speak with a Boise Probate Attorney or a Boise Estate Planning Lawyer, please call, (208) 472-2383.
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