Power of Attorney for Immigrants

A power of attorney helps your affairs run smoothly in the event of deportation or detention.

Power of attorney (POA) is a legal designation that authorizes someone you trust, called your “agent,” to make decisions or handle matters on your behalf. Powers of attorney may include authorization for financial, legal, property, and healthcare matters. The designation can be tailored to your particular needs. For example, you can grant someone power of attorney specifically to sell your home, or you can appoint someone to handle all your affairs if a specific event occurs.

Lake Legal Services is here to connect you with associated attorneys who can help you set up power of attorney and protect your affairs. Call now to get started.

Why Immigrants Benefit from a Power of Attorney

Whether you are a visa holder, permanent resident, or undocumented immigrant, people with all immigration statuses can use power of attorney to ensure appropriate management of their affairs. If you are detained, deported, or incapacitated, your family may need access to:

• Bank accounts
• Mortgage and rental payments
• Utility bills
• Insurance policies
• Business or legal matters

A POA can provide your spouse or other trusted individual with access to these accounts and other important affairs. Without a power of attorney, they may need to go to court to seek access or authority, causing significant delays and additional stress.

Types of Powers of Attorney to Consider

There are several types of power of attorney, each of which can be tailored to meet your specific needs. POAs you may find useful as an immigrant include:

• Financial Power of Attorney: Allows the appointed individual to manage your money, pay bills, handle real estate, file taxes, and manage businesses.
• Medical Power of Attorney: Lets your agent make medical decisions for you if you are unable to communicate your wishes.
• General Power of Attorney: Authorizes your assigned agent to act on your behalf in all situations, including health, financial, business, and legal matters.
• Temporary Power of Attorney: Grants your agent authority for a specific time, such as handling affairs while you travel or dealing with immigration issues.
• Limited Power of Attorney: Gives your agent permission to handle specific affairs on your behalf, such as selling a house or paying your mortgage while you are away.
• Custodial Power of Attorney: Provides a trusted agent authority to take custody of and make decisions about education, health, and daily needs of your minor child if you are detained, deported, or incapacitated.
• General Power of Attorney: Authorizes your assigned agent to act on your behalf in all situations, including health, financial, business, and legal matters.
• Durable Power of Attorney: Allows your agent to continue acting on your behalf on specific matters if you become incapacitated or pass away.
• Springing Power of Attorney: Goes into effect only if you become incapacitated or a specific event occurs, such as deportation or detention.

Power of attorney can give your agent significant control over certain matters, so you benefit from consulting with a power of attorney lawyer familiar with immigration and estate planning laws when establishing a POA.

Lake Legal Services partners with attorneys who handle POAs for immigrants in many states and situations. Our associated lawyers can help you select the right POA for your circumstances and ensure appropriate limits and protections are in place to prevent abuse.

Special Considerations for Immigrants

Some immigrants are at risk for detention and deportation for long periods of time. To ensure your affairs are managed in accordance with your wishes during an unexpected absence, choose a trusted agent who can be reached easily. You want your agent to be someone who is familiar with your wishes and understands not just the words but the intent of your POA.

Your agent can be a U.S. citizen or non-citizen, but some tasks are easier for people with legal status. Speak with your immigration estate planning attorney if you are not sure who to appoint. A knowledgeable lawyer can help you determine the most appropriate person to appoint as an agent for your POA.

In some cases, you may wish to appoint multiple agents for different tasks or circumstances. Since immigration situations can be complex and personal, it is crucial to consult with an attorney who understands your situation and the legal tools required to protect your interests.

FAQs About Power of Attorney

We understand that power of attorney designation can be confusing. Here are some of the most common questions we receive from immigrants establishing POAs:

Can I create a POA if I’m undocumented?

Yes, you can create a power of attorney if you are an undocumented immigrant. POAs are available to anyone, regardless of their legal status. A POA can provide you and your family with support and security in the event of your deportation or detainment.

Does my POA stay valid if I leave the U.S. or get deported?

Yes, a U.S. power of attorney is valid if you leave the U.S. or are deported. Your assets, property, and other affairs belong to you, even if you have been removed from the U.S. A POA provides legal protections and ensures there is someone still in the U.S. who can handle your affairs and obligations while you are out of the country.

Can a POA help if I’m detained by immigration authorities?

A POA can help protect your property, assets, and family members if you are detained by immigration authorities. Even if you are deported, your POA will ensure your affairs, such as business management, mortgage payments, financial affairs, and childcare are taken care of in your absence. It can also ensure your children are cared for by an appointed agent while you are unavailable.

Is a POA permanent?

A POA can be permanent if it is a durable and unlimited power of attorney. Many powers of attorney are limited to specific tasks or time frames. A general power of attorney, however, can grant access to your affairs indefinitely unless you specifically revoke it or pass away.

To ensure your POA addresses matters for the desired time frame, consult with an attorney who handles immigrant POAs. They can guide you through the process and establish the appropriate safeguards in case you need to alter or revoke the POA at a later time.

Do I still need a will or trust if I have a POA?

Power of attorney is separate from a will or trust, so you likely still need a will, trust, or both as part of your estate plan.

• A power of attorney grants someone power to manage certain affairs on your behalf.
• A will ensures your matters are managed according to your wishes after your death.
• A trust appoints a trustee to manage your assets and ensure they pass on to your designated beneficiaries.

All three tools address your affairs from different angles, so your matters are handled if you are incapacitated, deported, detained, or pass away. A comprehensive estate plan will usually incorporate all of these documents to ensure your affairs can be addressed in any situation. When faced with changing immigration policies, you and your loved ones can benefit from planning for all contingencies.

How Our Law Firm Can Help

Establishing power of attorney is a serious decision that should not be undertaken without legal counsel. Lake Legal Services offers consultations to help you connect with an immigration estate planning lawyer in your area. Different states may have different requirements for POAs, so it is important to work with a firm near you.

• POAs Tailored to Your Needs: Our associated attorneys will help you establish POA documents appropriate for your immigration status and family situations. We know that decisions about your finances, property, health, and family are deeply personal and unique. It is our goal to help you find an attorney who understands and addresses your specific needs.
• Bilingual Services: Clear, transparent communication is crucial when establishing the legal disposition of your financial, legal, health, and family affairs. We help you find an attorney who speaks your language and understands the cultural implications that may affect your POA designations and estate planning. The attorneys associated with Lake Legal Services ensure that every detail is correct and understandable through quality bilingual legal services.
• Fast, Confidential Assistance: While you always want to establish a plan in advance, sometimes urgent situations arise. If you are at risk of detention or deportation, our associated law firms know how to provide quick, confidential legal assistance to ensure you and your family are covered.

Prepare for the Unexpected With the Help of a POA Lawyer

No matter what your immigration status is, you have legal options to protect your property and family in the event of your deportation or detention. Power of attorney and other estate planning tools can help keep your property and family safe and stable if your immigration status changes unexpectedly. Lake Legal Services is here to help you get the legal assistance you need. Contact us today to create your power of attorney and gain peace of mind.