Power of Attorney
Contact Fredrick P. Niemann, Esq., An Experienced Power of Attorney Lawyer.
"My son is an attorney in New Jersey. I am retired and live in Ocean County, New Jersey about 45 minutes away from my son. I needed a lawyer to look at my estate planning documents including Will, Power of Attorney and Health Care Directive. My son recommended Fredrick Niemann in Freehold, New Jersey, specifically Fredrick P. Niemann. I took his advice and met with Mr. Niemann. I am glad that I did. He is a warm and engaging person. No pretense, no airs about him. I immediately felt at ease and we talked about everything that I wanted to do and accomplish with my estate planning. I felt I could open up to him and tell him what was really important to me. He prepared the documents as we discussed and sent them to me in advance to review and approve. Then he scheduled me for a signature session where my appointment was promptly kept and a friendly, positive staff witnessed all of my documents. My son, the attorney, gave me good advice when he recommended Mr. Niemann.
If you are searching for a special attorney, someone who is experienced, likeable as a person and professional, call Mr. Niemann. I felt good about my choice."
—Frank Mollo, Manchester, NJ» Read more testimonials
WHAT IS A POWER OF ATTORNEY?
The power of attorney is a legal document in which you give another person, the “attorney in fact”, the legal authority to act on your behalf. This authority given can be convey broad authority on your behalf, or can relate to limited circumstances, such as a particular asset, a specific transaction, or for a specified period of time. The power of attorney can be an excellent planning tool. It is often useful for those who are concerned about physical or mental conditions.
THE “DURABLE” POWER OF ATTORNEY
A regular power of attorney is valid for as long as the person who signed the document has the capacity to understand its significance and meaning. This can create problems when that person becomes older or inquires a mental illness that makes them incapable of understanding the document. The durable power of attorney survives this, with the document sustaining its validity even if the person becomes incapacitated. There are two types of durable power of attorney:
- Effective Immediately. This type is effective when signed and will always remain effective, regardless of whether the person becomes completely incapacitated.
- Effective upon Incapacitation. This type is effective only when and if the person becomes incapacitated.
POWERS GIVEN IN A DURABLE POWER OF ATTORNEY
A properly written document can convey the power to handle all of a person’s assets, including the power to invest and sell assets, enter into contracts, collect and recover debts, make gifts, deal with different types of insurance, operate or sell a business, make banking transactions, and file documents with the State and other government agencies, including the IRS to handle tax and trust issues. The document can also be limited to certain areas if the creator chooses.
BENEFITS OF A DURABLE POWER OF ATTORNEY
The Durable Power of Attorney is useful in that it can usually avoid the need for a legal guardian or conservator of an estate. In both of these cases, a court would appoint someone to handle the affairs of the incapacitated person, which may not be someone they desire. This can also be an expensive process and requires ongoing court supervision.
The Durable Power of Attorney, when properly drafted, appoints someone of choice as a guardian when its drafter becomes incapacitated. This avoids all cost and stress involved with a court proceeding that would otherwise take place. This makes sure your wishes are honored and the correct person is taking care of you, while relieving your close ones of even more stress involved with a court proceeding in a time when they are undoubtedly stressed enough.
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DURABLE POWER OF ATTORNEY “FORMS”
There are forms available for Durable Power of Attorney, but they are often very general and obviously are not specific to your individual needs. Even if they are used, advice from an experienced attorney should be sought prior to such, since an attorney knows both their uses and their limitations. There are numerous reasons for this warning:
- These forms carry an enormous amount of authority, as a Power of Attorney does. They effectively grant an “attorney in fact” virtually complete control over a person’s assets. In order to protect oneself, these forms should be specific to the individual, something a general form cannot do. In drafting a Power of Attorney it is often necessary to go beyond these forms in order to build the necessary protections for the drafter.
- Special needs, concerns, and limitations, all specifically tailored to the individual drafter, often necessitate a personalized Power of Attorney document.
- Some forms require the person to choose from various options included in the document, but fail to explain the existence and implications of such choices. This may leave the drafter confused and could have you signing up for something you don’t really want to agree to.
At Hanlon Niemann there are experienced estate and probate attorneys who are more than happy to assist you in drafting a Power of Attorney. This document is not expensive and as you can tell, is one of the most powerful methods of insurance one can invest in. If you are ever in a fragile or incapacitated state, do not let the Courts decide what to do with your life. Anyone who is 18 or over can sign a Power of Attorney.
Please do not hesitate to call Fredrick P. Niemann, Esq. today. He can be reached Toll Free: (888) 800-7442. He will be happy to assist you in drafting a Power of Attorney or simply answering any questions you may have.