Vermont Power of Attorney

In a Vermont power of attorney the person you are granting the power to is called an agent. A power of attorney is a legal way of granting certain powers to another person, this usually allows your agent to sign something for you. A Vermont motor vehicle power of attorney allows your appointed agent to sign the title to your car and sell it in your absence. These special powers of attorney are used all the time as a way of being in two places at once.

Your Vermont estate planning attorney has an entirely different use for these amazing legal tools. They think a couple of them belong in your estate plan. These would be a durable medical power of attorney and a durable financial power of attorney. So, what's a durable power of attorney, and why does it need to be in my estate plan?

A durable power of attorney is one that will stay in effect if you were to ever be declared mentally incompetent. Nondurable powers of attorney are automatically void if that should ever happen. So, you would be granting an agent, usually your spouse, certain powers to be used at a time when you were unable to make decisions for yourself. You may think your spouse already has these powers, but surprisingly enough, that is not always the case. These documents act as an insurance policy so that you are assured the person you want to be making decisions for you is actually the one doing it.

These documents are called a durable medical power of attorney and a durable financial power of attorney. With these two documents in hand, your agent can, without court interference, make medical decisions for you and take care of all the financial matters.

Usually it is your spouse that would attend to these matters, but it does not have to be, an agent can be anyone you trust. You may not have a spouse but your sister is as close as a sis can be. She would make a perfect agent. Get with her, at the time you create these documents, and go over everything, so she knows what is expected of her. You may even want to include a health care directive for more detailed directions on how you want to be taken care of.

It is also possible to name an alternative agent, because if your agent cannot be located, your power of attorney becomes invalid. If you ever get a divorce, and your spouse is your agent, be sure to change these powers of attorney at the same time the divorce papers are filed. They remain in effect until you take care of them.

Anytime you are going to be away from home for an extended period of time and want to leave a family member, or close friend, the power to take care of any emergency that might arise, consider using a general power of attorney. If you are not sure what power might be needed, a special power of attorney would not work, but a general power of attorney would give your agent all the authority needed to handle any emergency for you.

Legal Zoom is always open and has the right Vermont power of attorney forms ready for you.

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