Can I Grant Temporary Power of Attorney?

Power of attorney is a legal tool that allows one person to authorize another to handle their financial or legal matters. This arrangement can be tailored to specific activities or be broad, encompassing all decisions. Importantly, it is possible to establish a temporary power of attorney, making it a suitable option for short-term needs such as military deployment or hospitalization. Understanding how to set up this arrangement and its implications is essential.

What Is a Temporary Power of Attorney?

Temporary power of attorney is a legal status that allows the holder to act on the issuer’s behalf within a specific time frame. The POA time frame may be defined by specific dates, or it may be contingent on a particular occurrence.

A temporary power of attorney differs from general and durable POAs. General POAs give the agent power of attorney over all your matters regardless of your mental capacity. You can revoke it at any time. A durable POA lets the agent manage certain affairs in the event you become incapacitated.

A temporary POA is a type of limited power of attorney that can be general or durable. The main distinction is that the temporary power of attorney is limited to the specific time frame given in the POA.

How to Get a Temporary Power of Attorney

To obtain a temporary power of attorney, use this step-by-step guide.

Step 1 – Choose the Right Power of Attorney 

Power of attorney forms can be used to grant a wide range of authority over your legal and financial matters. Because these powers can be misused, you should carefully consider the type of POA you need for your temporary situation. For instance, you may give someone a POA to help you sell your house but want to limit their authority to only specific items relating to the sale.

Step 2 – Select a Trusted Agent 

Even a temporary limited power of attorney is a serious matter. When establishing power of attorney, choose someone you can trust with the matters at hand. Consider whether they can be relied upon to act in your best interests and maintain appropriate confidentiality while they handle matters on your behalf.

Ensure they have the knowledge and experience necessary to handle those matters effectively, as you will be responsible for any issues that arise as a result of your agent’s mismanagement.

Step 3 – Set the Scope and Duration of the POA

Clearly detail the specific matters your POA agent will have control over. Establish their responsibilities within that scope and list any specific exclusions. For instance, you may ask a relative to make medical decisions on your behalf while you are in surgery, but you may limit their POA to only medical decisions, not financial or legal matters.

The duration of a temporary POA is a crucial consideration, as you must define how and when a power of attorney begins and ends. You may use specific dates and times, or you could choose to have the temporary POA begin or end on a contingency, such as when you return home from your trip or regain consciousness after a medical procedure.

Step 4- Draft the Document

Your temporary POA should include the following details:

• Your name and address
• The agent’s name and address
• Permission to act on your behalf with respect to specific matters
• Matters the POA does not authorize the agent to manage
• Compensation for the agent’s services
• Special instructions, including co-agents and their responsibilities
• Contingency terms if the POA is unable or unwilling to act on your behalf
• Successor agent and second successor agent, if applicable
• Effective date or contingency for effective POA
• Designation of Agent statement

Step 5- Meet Legal Requirements

Every state has different requirements for signatures, witnesses, and notarization of power of attorney forms. The requirements may differ depending on the type of POA. For instance, you may not need the same number of witnesses or notarization for a vehicle POA as you would for a legal POA. It is, therefore, crucial that you use a state-specific form and become familiar with state and local laws to establish power of attorney.

Common Uses for Temporary Power of Attorney

You may use a temporary power of attorney to grant someone permission to handle certain tasks or responsibilities while you are unable to do so. Some common uses for temporary power of attorney include the following:

• Making Purchases: This enables the agent to buy necessary items or services on behalf of the grantor.
• Managing Finances: This section grants the agent authority to oversee the grantor’s financial accounts, investments, and other monetary decisions.
• Selling or Renting a Property: Authorizes the agent to sell or lease the grantor’s real estate, ensuring the continuity of income or the proper management of the property during the grantor’s absence.
• Going on a Long Trip: This allows the grantor to ensure that all their affairs, ranging from financial to property management, are handled in their absence, which is especially beneficial for those planning extended travel.

Durable, Springing, and Temporary Powers of Attorney

When comparing durable, springing, and temporary powers of attorney (POA), it is essential to consider their effective duration and scope. Each type of POA serves different purposes and comes into effect under various circumstances:

• Durable Power of Attorney (POA):
  • Immediately effective and stays active if you become incapacitated, handling a wide range of decisions.
  • Ensures continuous decision-making ability.
  • Covers financial, medical, and personal decisions.
  • Ideal for long-term planning against potential incapacity.
• Springing Power of Attorney (POA):
  • Activates under specific conditions, like medical incapacitation, focusing on predetermined areas.
  • Offers security and control by setting activation triggers.
  • Limits authority until necessary conditions are met.
  • Protects your interests by being conditionally based.
• Temporary Power of Attorney (POA):
  • For short-term or specific purposes, with limited duration and scope.
  • Perfect for brief incapacitation or travel.
  • Authority is narrowly defined for specific tasks.
  • Provides a targeted solution for temporary absence.

Legal Considerations and Risks

Power of attorney is a legally binding document that can have serious consequences. Clear, precise language is crucial to protecting your rights and ensuring the agent understands their responsibilities. Be aware of your state’s requirements and limitations with regard to POAs. Take particular note of your rights if the agent fails to act in your interests or the interests of the minor named in the document.

Before you grant power of attorney, especially for minor or significant financial or legal matters, consider reviewing the document with an attorney. A lawyer may also be able to help if you believe your agent has misused their power of attorney.

Frequently Asked Questions