When it comes to estate planning, one of the most important documents you will need to have in place is a power of attorney. This legal document grants another person or organization the power to represent you in financial and legal matters if you cannot do so yourself. With an estate planning attorney on your side, you can be sure that your wishes will be followed, and you'll have a strong power of attorney. Below are four reasons why contacting an estate planning lawyer when drafting a power of attorney is essential:
Get Professional Advice
Several things should be included in a power of attorney document for it to be valid. When you don't understand the law, you may not know what to include. That's why it's important to get professional advice from an estate planning attorney. An experienced lawyer will make sure it's properly written and executed. They'll also ensure that the power of attorney includes the legal language of authority, a clear definition of the scope of authority to be granted, and the details of how it will function.
Avoid Common Mistakes
When drafting a power of attorney, there are common mistakes people make. These errors can be costly and time-consuming to fix. To avoid these pitfalls and ensure that the document is legally sound, consult an estate planning attorney. These professionals will identify the areas that need to be addressed or revised, point out potential pitfalls, and ensure that all aspects are considered. For example, they'll help you determine whether getting witnesses is important.
Ensure the Document Is Legally Binding
When you draft a power of attorney on your own, there is always the risk that it may not be legally binding. This can cause serious problems in the future if you ever need to use the document. An experienced lawyer will advise you on the legal steps to take to make the document valid and enforceable. This may include ensuring all parties understand and agree to the terms, signing the document in front of witnesses or notarizing it, and filing it with the appropriate state authority.
Make Sure Your Instructions Are Clear
It's important that the person who controls your assets understands exactly how you want things done and when. So, when drafting a power of attorney, it's crucial to ensure the instructions are clear and unambiguous. An experienced lawyer will ensure the language in the document is clear to minimize confusion about what should or should not happen.
When drafting a power of attorney, it's important to contact an estate planning attorney to help you with the process. Working with an experienced lawyer will give you peace of mind knowing that your wishes are followed and all legal requirements are met.