You, Power of Attorney, and Your Benefits
What is Power of Attorney?
If you sign a power of attorney, you give another person (your agent) the right to make decisions for you and you give them the authority to carry out those decisions. You can give your agent broad powers to do almost anything you could do for yourself, known as a general power of attorney, or you can give the agent certain powers, or, a specific power of attorney.
What You Should Know
It is critically important that you trust the person you name as your agent. The authority you give as the “principal” can have a major impact on you. A person acting with a power of attorney does not have to answer to a court. There is no formal oversight of your agent regarding the decisions he or she makes on your behalf. You need to make sure your agent understands your wishes and desires.
You can choose to appoint an agent immediately or you can make the appointment effective only if you become disabled. In that case, your agent will have to have two affidavits from medical experts stating you are disabled and unable to make decisions before he or she can act on your behalf. You can limit the time your agent will have the power to act on your behalf or you can make the appointment “durable,” which means your agent will have powers even if you become disabled or otherwise incapacitated. You can also state the appointment will be revoked upon your incapacity. You should clearly state on your power of attorney form what powers you want your agent to have and when and under which conditions they are or will become effective. As long as you are competent, you do have the right to revoke a power of attorney. You must revoke a power of attorney in writing. If you write a new power of attorney naming a new agent, the new power of attorney supersedes the previous one as long as the powers are the same or similar.
You can also name more than one agent to act on your behalf. If you name more than one agent, you need to make it clear whether the agents can make decisions independently or they must act jointly. Want to learn more about power of attorney or general information about filling out a power of attorney form? You can find more information about power of attorney in Alaska Legal Services Corporation’s Power of Attorney Booklet available through the Alaska Court System’s Self-Help Center .
Power of Attorney and Your Retirement Benefits
Have you given a power of attorney to someone? If you
have and you gave your agent the power to make decisions about your retirement benefits, please send a copy of the power of attorney to the Division of Retirement and Benefits.
Glossary
Agent: The person authorized to act on the behalf of the principal.
Principal: The person authorizing the other person—the agent—to act on their behalf. Also known as grantor or donor (of the power).
Power of Attorney: A written document through which you can give another person (your agent) the right to make decisions for you and the authority to carry the decisions out.