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                     South Dakota's Complete Resource Guide for Seniors

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 Power of Attorney

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What would you do if something happened to your spouse or a loved one and you did not have the power to access their bank accounts, manage their business affairs or property matters? What if you got into a car accident or became mentally incompetent? Are you prepared for such an event? You may think well my spouse is the executer of my will. Sorry, not the "same. An executer will only help in the even of your death. A Power of Attorney is effective while you are still alive.

Keep in mind the the word 'attorney" does NOT always mean lawyer. But in this it case refers to the person(s) you give the authority to as Power of Attorney.

Although this may indeed be a Lawyer, it may also be a spouse or a friend. Your selection of a power of attorney will ensure that your property will be managed by someone your trust and that your best interest will be carried out.

There are two types of Power of Attorney:

Continuing Power of Attorney also known as Power of Attorney for Property deals with your finances and or property or possessions.

A Power of Attorney for Personal Care deals with your personal care such as grooming, housing and medical treatment.

A Power of Attorney for Property can authorize someone to deal with and manage your property, assets and finances for you.

A limited Power of Attorney may be given to someone who will just be responsible for a specific purpose such as to pay bills and nothing else.

If you do not have a Power of Attorney and you should become incapable of making decisions and performing needed tasks the court will appoint you a "guardian".

It is far more cost effective to if you appoint your own guardian before the need arises as courts tend to be very expensive and time consuming. So get your Power of Attorney in line.