A Power of Attorney (POA) is a written document that allows the Principal (the person having the POA drawn up) to authorize the agent also called attorney-in-fact (the person does not have to be an attorney) or personal representative to act on his or her  behalf. It is one of the strongest legal documents that can be given to another person.

There are two types of POA; general and limited (sometimes called special).

The General POA gives the agent very broad powers to act on the principal's behalf. The agent has powers over all of the assets of the Principal, including the right to buy and sell property, access private medical and legal records, use and sell or discard personal property and essentially do anything with the Principal's property that the Principal could do. Every act performed by the agent within the authority of the POA is legally binding upon the principal. Since a POA is such a powerful document, only give this power to someone you trust completely.

A Limited POA limits your agent's authority to act only on certain matters and gives the agent very specific powers.  Usually this form of POA is used to authorize the Agent to take a specific action, such as accept an offer to buy the Principal's house or use the Principal's car. 

Limited Power of Attorney to Act "IN LOCO PARENTIS"

The phrase "in loco parentis" means "in the place of the parent." This type of limited POA grants authority to anyone the parent chooses (such as a babysitter or nanny) to perform a range of functions such as picking up a child from school, buying food and clothing, and consenting to medical treatment of the child in the event of illness or injury. All laws regarding medical regulations clearly provide that a minor may be treated in a true emergency, when the parents cannot be reached.  In a non-emergency situation, however, consent is required before treatment.  This limited POA transfers the authority to consent for the child's medical treatment to another individual.  A medical facility cannot be designated with that authority; the parent must designate a specific person or two, alternatively. Also, the individual designated must be an adult. 

Without this type of limited POA a day care center, school, store, hospital or clinic, fearing legal repercussions, may refuse to follow the directives of the babysitter or other agent, and require the specific authorization of the actual parent. This grant of authority will assist the agent in the daily business of looking after the child, and can avoid unnecessary delays in emergencies. It provides legal protection for the facility, and for the agent who might otherwise fear taking action on behalf of the child.

Power of Attorney is  a powerful legal document that gives someone else right to act as though they are you and the law will treat you as if you committed the actions yourself.  Before signing any documents consult with an attorney at Haas McNeil & Associates, P.A. to understand the risks and benefits.