Power of Attorney

An essential document for estate planning involving persons with special needs - Get Your Power of Attorney Today

Allow Someone to Legally Act for You

Give someone you trust to the ability to make decisions for you. A power of attorney will make it easy for a trusted person to act for you.

For $49.99, you will receive a personalized document using my easy-to-use form developed from my 20+ years of legal experience.power

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What is a Power of Attorney?

The Power of Attorney (POA) allows another person who you name in the POA to act for you in anyway that you legally can do for yourself.. For example, it will allow them to access your bank accounts, buy and sell real estate in your name, deal on your behalf with the Social Security Administration of the Internal Revenue Service, and even write a will for you.

This is the most important document that you can create. Everyone over the age of 18 should have a Power of Attorney. It is more likely that you will need a POA, long before you need a will.

In my own practice, I had a woman, married, mother of two, who was the main breadwinner as well as the person who handled all the finances. She had a traumatic brain injury and was in a coma for a number of months. She did not have a Power of Attorney naming her husband. He was unable to access her bank accounts, deal with her long term disability insurance, and really ended up putting her family in financial jeopardy. Her husband had to go to court, and get a court order appointing him Guardian and Conservator to allow him to straighten out her long term disability insurance among other issues.

Understanding The Importance and Purpose Of A POA

Its Purpose For Those With Special Needs

For a person with an intellectual and developmental disability, they can issue a POA to assist them in all their legal and business dealings. This can be used instead of a Guardianship. It is much simpler and cheaper to create, and allows the person with the disability to retain all their legal rights.

The Importance Of Planning For the Future Of Those With Special Needs

For someone with special needs this allows them to retain all their legal rights and still have parents or other people support them and assist them with all their important decisions. For example, they can deal with the Social Security Administration in securing their benefits, help them with their banking, and deal with any legal or business issues they may encounter.

For instance, for my son with Down syndrome, who is now 39, we have had this POA in place since he was 18. We have never had an issue in assisting him in any of his business or financial dealings. I have had the ability to work with his banks, as well as advocate for him with the Social Security Administration. This has allowed him to retain his independence and legal rights, while still allowing us to assist him in anything he needs.

When A Letter Of Intent Comes In Handy

Real Examples Of LOI Uses

The letter of intent is critically important after you have passed to ensure that your child, with a developmental disability is continued to be supported in the manner that makes their life most meaningful. Once you are gone, someone will have to come in and continue to support your child the way you have been, throughout the childs life. For someone without this type of experience, it can be a daunting task, the letter of intent will lower the stress on the support person as well as provide information on the exact support your child needs, and is accustomed to.

The benefits of having a Power of Attorney

General Benefits of a Power of Attorney

The Power of Attorney allows someone to act on your behalf for all your legal and business matters. It allows the person you select to be able access all your bank accounts, your real estate dealings, Including buying selling, or renting property, Dealing with the IRS or SSA on your behalf, applying for any government benefits, and can even help for someone else to create an estate plan for you when you are not able to.

in my own family, my mother contracted Parkinson’s disease and needed to enter into long-term care. there have been no Provisions made for this to happen. because she had issued a POA to my father he was able to move her assets to make her eligible for a long-term care paid for by the state. if she had not issued him a POA, this would not have been possible.

Benefits of Power of Attorney for Adults with Special Needs

For an adult with special needs the Power of Attorney will allow others to act for them to make sure that they can be assisted in all their business or legal dealings. for parents of adult children with disabilities, this can be a lifesaver. many times I find myself trying to work with my son’s bank or with some other entity, when they say they must deal with him even though he has very limited speech capabilities. All I have to do is say I have a POA from him and typically I email it and then they are allowed to talk to me and allow me to make any changes that are necessary to support my son.

Benefits of Power of Attorney for Adults with Children with Special Needs

the Power of Attorney can correct anything that was not done properly or not done at all to support your child with a disability. if someone has issued a POA the person with the power can then create legal documents to support the adult child with a disability. For instance they can create a Special Needs Trust as well as Wills, to make sure that the child with a disability is protected.

POA as an alternative to Guardianship / Conservatorship

the Power of Attorney can also be used as an alternative to guardianship or Conservatorship. A person with a disability can issue a Power of Attorney to any competent adult to assist them in making legal and business decisions. This can be used instead of a guardianship or conservatorship. It is much less costly to use the Power of Attorney, because there is no need to go to court. In addition, it allows the person with a disability to retain all their legal rights. It is necessary however for the person with a disability to understand what it is they are doing when they give someone else the Power of Attorney. They must understand that they are giving the ability for another person to act for them in any legal capacity that they would be able to do themselves.

Practical Example Of When A Letter Of Intent Is Important

LOI Uses

If you should be in some type of catastrophic accident, or develop some debilitating illness, someone will have to step in to provide support for your disabled child. This document can act as a guide and instruction manual to provide all the supports and contacts so that your child can continue with the life that they have been enjoying under your support. This document will provide great comfort to the person who now has to step into your shoes and provide these supports.

When Do You Use A Power of Attorney

Special Needs Child is Turning 18

If your child with a disability has issued you a POA you will be able to access their Bank accounts, deal with social security administration, or any governmental agency to assist them. So if there is a problem for instance with Social Security benefits, you would be able to call the Social Security administration, give them a copy of the POA, and have free access and the ability to deal with the Social Security Administration on behalf of your child.

Parent of a Special Needs Child

If you are the parent of a child with a disability, and you have issued a Power of Attorney to say your spouse, and circumstances change around any plans you made for your child, but you are now disabled yourself and not able to make decisions, the person you gave the Power of Attorney to can fix any estate plan or Special Needs Trust or whatever you would need to do to protect your child with a disability. One way to think about this is once you’ve issued a POA to someone, any legal issues that come up after your own disability will be able to be fixed by the person with the POA.

Attorneys typically charge in excess of $3,000 for these same documents.

Book a free consultation to learn more about how my services can help you provide financial protection for a child with special needs.

Types of Power of Attorney Documents

General POA

A POA allows someone to act for you in any legal capacity that you would be able to do yourself.

Limited POA

A limited Power of Attorney allows someone to act for you in a very limited capacity, for instance when you purchase or sell a house, frequently you give the Power of Attorney to your lawyer to act for you so you do not have to go to the closing.

Durable POA

A durable Power of Attorney is one that continues after your own disability. All Powers of Attorney on this site are Durable Powers of Attorney. More often than not when someone refers to a Power of Attorney it is typically the Durable POA. Even though this is not mentioned, it is rare to have a non-durable POA, with the exception of The Limited Power of Attorney.

Educational POA

The educational Power of Attorney allows someone to act on their behalf dealing with educational issues. This is commonly used when someone receiving special education services turns 18. At that point they are the legal decision maker and parents can be excluded from the process without this document.

Springing POA

A springing Power of Attorney is a Power of Attorney that does not come into play until the principal’s disability. In order to use a springing Power of Attorney it is necessary to have a physician state that the person who issued the Power of Attorney is now under a disability. The Power of Attorney cannot be used until the person who issued it is incompetent. The challenge with this type of POA is that it is very difficult to use because you must get a physician involved and create new paperwork that goes along with the Power of Attorney to prove the person is disabled in order to use the Power of Attorney.

Medical POA

A medical Power of Attorney is again a limited Power of Attorney to be used only in medical situations. This power allows someone to make medical decisions for you as well as having access to your medical information. Your medical POA can speak to your doctor and get all your medical information.

Who are the parties involved in a POA

Principal

The principal is the person who gives the Power of Attorney to another person.

Attorney in Fact

The attorney in fact or Agent is the person who was given the Power of Attorney and who can now act for the principal.

Selecting your attorney in fact

Who can be selected as an attorney in fact

Anyone over the age of 18 can be appointed your attorney in fact. it is important that you have the utmost trust in this person because they will have the authority to do anything they want with your finances or make any legal decision for you and it would be binding.

What you should consider when selecting an attorney in fact

Usually this is granted to a spouse, parent, child, or extremely close friend. for a person with a disability granting the Power of Attorney would probably be a parent or sibling.

What to do after you purchase a Power of Attorney through our site

Steps the customer must take after purchase.

After you purchase the Power of Attorney, please print up Power of Attorney and have it signed in front of a notary and two witnesses. While some states do not require it to be notarized or require witnesses having it notarized and witnessed by two witnesses makes it valid in all 50 states. An easy way to do this is to bring the document to a Federal Express Store or a UPS Store, not only can they print the document but they can provide you with notary services as well. Notaries can also be found at your bank or insurance agent or sometimes City Hall.

Signing the document (both parties)

You must sign the document in the presence of the notary and the witnesses and they must see you sign it.

How many POA copies to keep

It is a good idea to print up and sign and have notarized and witnessed two original copies of your Power of Attorney. give one to your attorney in fact and keep one for yourself. you should also make an electronic version of the signed, witnessed, and notarized Power of Attorney. Frequently when looking for authorization stock brokers, mutual funds, Social Security administration, require only that you email them a scanned copy of your Power of Attorney.

Who to notify you have a POA

Make sure you notify your family members and your attorney in fact that you have a Power of Attorney and where it is stored.

Where to keep copies of your POA

Keep your Power of Attorney where you keep all your important documents. your attorney in fact as well as your family know that you have a Power of Attorney and where you have stored it. do not store it in a safe deposit box as this can cause more issues as it is trying to be retrieved for use.

Meet Tom Sannicandro

I am a special needs planning attorney and an expert in Special Needs Trusts and have been practicing disability law for more than 20 years. I am the father of an adult son with Down syndrome, so I know the challenges that families face when trying to provide a future for all their children. So if you are looking for an attorney for special needs trust, look no further. After years of the practice of law, I thought the best way to give back would be to provide special needs estate planning documents for families with a child with special needs in an easy and affordable way. That is why I created this 501(c)(3) nonprofit corporation to provide families with an affordable way to protect their loved ones. Create your will and special needs trust now by clicking here or set up a free appointment with me by clicking here!

Frequently Asked Questions on Power of Attorney

Can I make powers of attorney for my mentally and physically disabled child?

While you are able to assist and fill out the forms on this website to create the Power of Attorney for your child with a disability, your child must be 18 years of age, and must understand that they are giving this power to someone else to make decisions for them. they need to understand what they are doing.

What happens when my child with special needs child turns 18?

When your child turns 18 they become a legal adult and you can no longer make decisions for them unless they have given you a Power of Attorney or unless you have been granted guardianship over them by a court.

What's the best form of Power of Attorney?

The best form of a Power of Attorney is the durable Power of Attorney which is what you get from this website.

What are the disadvantages of Power of Attorney?

The disadvantages of a Power of Attorney is that you have given legal authority of someone to act for they would have legal authority to do anything you can do yourself, that would include emptying your bank accounts, Etc.

What are the liabilities of being an attorney in fact?

The attorney in fact is responsible to act in the best interests of the principal who granted them the Power of Attorney. When an attorney in fact signs a legal document on behalf of their principal, they should always note in their signature that they were signing under the Power of Attorney for the principal. If they do not sign the document noting that they are signing under a Power of Attorney they could be personally responsible for the document they signed.

Do I need to have my signature witnessed on a Power of Attorney?

Not all states require the signature to be witnessed or notarized on a Power of Attorney. the documents sold here meet the requirements of all 50 states by requiring two witnesses and a notary public to witness the signatures.

Do I need a lawyer to prepare a Power of Attorney?

you do not need a attorney to draw up the Power of Attorney. you can draw it up using this website.

How many copies of a Power of Attorney should I sign?

it is a good practice to sign two original copies of the Power of Attorney. keep one for yourself in a safe place and give the other to your attorney in fact. it is also highly recommended that you have an electronic version of the signed and notarized Power of Attorney to use via email Etc as required.

How do I select an Agent for a Power of Attorney?

having a Power of Attorney you must have someone that you have the utmost trust in, that you would trust with all your money, Etc., because that is exactly what you are doing with this document.

Can I appoint more than one Agent in a Power of Attorney?

you can’t appoint more than one person as an agent for your Power of Attorney. this can get complicated as it could require both individuals to agree with whatever is happening. the powers of attorney drawn through this website only authorize a single person to have the Power of Attorney.

Does the Power of Attorney expire?

The Power of Attorney drawn through this website does not expire. you may however revoke the Power of Attorney by issuing another document revoking the Power of Attorney.

What is a power of attorney, and how does it relate to special needs trusts?

A power of attorney (POA) is a legal document that grants authority to an attorney agent to make decisions on behalf of the individual creating the document. In the context of special needs trusts, a POA can be utilized to address various aspects, including financial matters and healthcare decisions, ensuring seamless management of the trust.

What is the significance of a specific power and a uniform power in a power of attorney document?

A specific power of attorney grants authority for a particular purpose or transaction, while a uniform power provides broader and more comprehensive decision-making powers. The choice between the two depends on the individual’s needs and preferences, especially in the context of special needs trusts where the range of decisions may vary.

How does the power of attorney document address medical treatment decisions for individuals with special needs?

Depending on the scope granted, a power of attorney document can include specific powers related to medical treatment decisions. This allows the appointed attorney agent to make informed healthcare decisions on behalf of the individual with special needs, ensuring their medical preferences are respected.

Can a power of attorney be effective if the individual has diminished mental capacity?

Yes, it is possible to draft a power of attorney document with language addressing diminished mental capacity. This allows for the seamless transition of decision-making authority to the appointed attorney agent when the individual creating the document may no longer have the mental capacity to make sound decisions.

What is the role of the attorney agent in financial matters concerning special needs trusts?

The attorney agent, appointed through the power of attorney document, plays a vital role in managing financial matters related to special needs trusts. This includes overseeing investments, handling transactions, and making financial decisions that align with the individual’s best interests and the goals of the trust.

Can a power of attorney document include a special power for specific circumstances in special needs planning?

Absolutely. Special powers can be incorporated into a power of attorney document to address unique circumstances in special needs planning. These special powers ensure that the attorney agent has the authority to make decisions tailored to the specific needs and requirements of the individual and the trust.

How does the power of attorney facilitate decision-making for individuals who may face challenges in handling their affairs independently?

The power of attorney empowers individuals with special needs by allowing them to designate a trusted attorney agent to make decisions on their behalf. This becomes crucial when facing challenges in handling personal, financial, or healthcare matters independently, ensuring a reliable and legally recognized framework for decision-making.