Future power of attorney

A Future Power of Attorney (POA) is a legal instrument that allows a person (the principal) to delegate their decision-making powers to another individual (the agent) for a specific period in the future or under certain conditions such as incapacity or absence. In a homeowner association (HOA) context, this might be necessary when the homeowner plans to be absent for an extended period, or they are anticipating a period of incapacity due to illness or age.

For instance, if a homeowner will be out of the country for several months and won’t be able to attend HOA meetings or vote on important issues, they might assign a future POA to a trusted individual to act on their behalf. The agent can attend meetings, vote, and make decisions regarding the homeowner’s property in the HOA.

It’s important to note that the principal can specify the powers they wish to delegate. The powers can be broad or limited, depending on the principal’s preferences. The future POA is usually durable, meaning it remains effective even if the principal becomes incapacitated. However, the principal can revoke the POA at any time as long as they are mentally competent.

Before assigning a future POA, the homeowner should discuss their intentions with the HOA to ensure they are in accordance with the association’s bylaws. The principal should also consult with an attorney to ensure the POA meets all legal requirements and effectively protects their interests.