Power of Attorney Handbook, January 2006

This booklet is designed to assist those who have been appointed as an attorney-in-fact, those who are considering the need for a power of attorney, or those who have an interest in the subject. This is a general overview.

Power of Attorney Handbook, June 2006, revised

This booklet is designed to assist those who have been appointed as an attorney-in-fact, those who are considering the need for a power of attorney, or those who have an interest in the subject. This is a general overview of the laws governing powers of attorney and, like most general overviews it will apply in most situations, but not all. Small differences and individual circumstances can be very important in resolving legal problems and the general guidance provided by this booklet cannot take such differences into account. Keep in mind that the laws continually change and information in this booklet is not designed to take the place of legal counsel.

Financial Power of Attorney

A financial power of attorney (FPOA) is a document authorizing someone else (an agent) to manage your finances on your behalf if you (the principal) become incapacitated and are unable to make financial management decisions for yourself. If you become unable to decide for yourself and you have not prepared a financial power of attorney, a court proceeding will likely be required before a loved one will be able to assume authority over at least some of your financial affairs. Your FPOA can be drafted to go into effect as soon as you sign it or it can become effective at a later date or only in the case that a physician certifies that you have become incapacitated.

Healthcare Power of Attorney

A health care power of attorney (HC-POA) is a document authorizing an attorney-in-fact (your designated agent) to make health care decisions on your behalf if you (the principal) are unable, in the judgment of your attending physician, to make health care decisions. Health care is defined as any care, treatment, service or procedure required to maintain, diagnose or treat a physical or mental condition. Through your HC-POA, you may authorize someone else to consent, refuse or withdraw consent to health care on your behalf. The attorney-in-fact is permitted to make only health care-related decisions on your behalf. In exercising this authority, the attorney-in-fact must act consistently with your desires (as stated in the HC-POA document).

Health Care Power of Attorney FAQs

A health care power of attorney (HC-POA) is a document authorizing an attorney-in-fact (your designated agent) to make health care decisions on your behalf if you (the principal) are unable, in the judgment of your attending physician, to make health care decisions. Health care is defined as any care, treatment, service or procedure required to maintain, diagnose or treat a physical or mental condition. Through your HC-POA, you may authorize someone else to consent, refuse or withdraw consent to health care on your behalf.

Power of Attorney of Colonel John Butler for Robert Hamilton and Robert Addison, January 4,1797

John Butler (1728-1796) was originally from Connecticut but settled with his family in the Mohawk valley of New York around 1742. His father was a Captain in the British army and well acquainted with William Johnson (superintendent of Northern Indians). Butler impressed Johnson with his aptitude for Indian languages and diplomacy. He began to work with Johnson in 1755, and received several promotions in the department, until his apparent retirement in the early 1770s. At the onset of the Revolutionary War in 1775, Butler relocated to Canada to join the British forces, settling in Niagara. During the War, Butler was instrumental in maintaining the alliance with the Indians. After the War, Butler became prominent in local affairs in Niagara, but failed to secure any important offices when the province of Upper Canada was formed in 1792. In an effort to recoup some of the financial losses his family suffered during the War, Butler illegally attempted to supply trade goods to the Indian department with his son Andrew, his nephew Walter Butler Sheehan, and Samuel Street, a Niagara merchant.

Power of Attorney granted to Joseph Augustus Woodruff by Thomas Sheppard Smyth

Power of Attorney granted to Joseph Augustus Woodruff by Thomas Sheppard Smyth of the Township of Stamford, Sept. 2, 1851.

Power of attorney for Joseph Chip, 1804 December 21

Handwritten draft of a power of attorney, in Croswell's hand, authorizing John Jones to act for mariner Joseph Chip.

Power of Attorney, [?] Wellington for Thomas Durant, Sept. 22, 1787

Signed by Thomas Durant and witnessed by Ebenezer Bradish. It is possible that Shapleigh used this document as a guide when drafting his own power of attorney documents.

Power of Attorney, Samuel Shapleigh for Thomas Adams, Jan. 12, 1791

Signed by Thomas Adams and witnessed by Abraham Biglow and Daniel Clarke Sanders.

Power of Attorney, Samuel Shapleigh for James Otis Prentiss, Aug. 18, 1791

Document also contains what appears to be a bill for medical services rendered by Prentiss, a doctor, to William Boman.

[Power of attorney between Stephen Sewall and Thomas Wigglesworth], 1794 August 21

This one-page printed form appoints Thomas Wigglesworth as the "true and lawful Attorney" for Stephen Sewall. The form is notarized by Samuel Barrett and witnessed by Barrett and his daughter Peggy Barrett.

Power of Attorney, Samuel Shapleigh for Thomas Thompson, May 18, 1791

Signed by Thomas Thompson and witnessed by Thaddeus Mason Harris and Otis(?) Clarke.