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POWER OF ATTORNEY FOR MUSLIMS

 

What is the Power of Attorney for Muslims?

A Muslim power of attorney is one of the estate planning documents through which you appoint someone to look after your property, healthcare, or inheritance affairs. It must comply with shariah in addition to legal laws.

What are the types of Muslim Power of Attorney? and how do they differ from each other?

There are three types of Islamic Power of Attorney.

  1. Muslim Power of Attorney for Property (also called Power of Attorney for Financial) in which you appoint someone to look after your Property or Financial related affairs, including but not limited to paying bills, signing documents, and making transactions. You can appoint and be effective when you are in full mental capacity and/or after losing mental capacity.

  2. Muslim Power of Attorney for Healthcare (also called a personal directive) in which you appoint someone to look after your personal and/or medical-related affairs. You can appoint and be effective when you are in full mental capacity and/or after losing mental capacity.

  3. Muslim Power of Attorney for Inheritance: You appoint someone to look after your inheritance-related affairs after you die. This is not a popular estate planning document, except a handful of countries recognize its validity.

What are the different names of the Muslim Power of Attorneys?

The Power of Attorney for Healthcare also refers to a Personal Directive or Medical Power of Attorney etc.  Power of Attorney for Property also refers to Power of Attorney for Financial.

 

How does Islamic Power of Attorney differ from Islamic last Will (or Wasiyya)?

Power of Attorney for Property or Healthcare is about appointing someone to look after your affairs for a lifetime. Islamic Will is for designating someone (i.e., an executor) to manage your property distribution after you die. Both documents cannot be created or changed after a person becomes mentally incapable. Power of Attorney is effective while you are alive. Islamic Will, on the other hand, is only effective after death. No legal action can be performed out of the Islamic Will document when a person is alive, and that's why it is called the "last" will. Islamic Will becomes irrevocable and legally binding after death. Islamic Will and Power of Attorney for Property both relate to Property, but the difference is Islamic Will is for Inheritance, and Power of Attorney for Property is for Property while alive. Power of Attorney for Healthcare relates to your daily needs, including medical.

 

 

What is the difference between a Living Will and a Power of Attorney for Healthcare?

Both documents are used to appoint someone to look after your affairs and decision-making when you are mentally incapable. Living Will and the Power of Attorney for Healthcare are valid while you are alive. Both documents cannot be created or changed after a person becomes mentally incapable. Living Will is created to appoint someone to decide your medical treatments, organ donations, and transplantation-related preferences. Power of Attorney for Healthcare, on the other hand, to appoint someone to make decisions about your day-to-day needs, including financial, medical, or personal.

 

 

What is the difference between Muslim Power of Attorney for Property and Power of Attorney for Healthcare?

Both documents are used to appoint someone to look after your affairs and decision-making when you are mentally incapable. Power of Attorney for Property is used to appoint someone to look after your Property or financial-related affairs while you are mentally and/or physically incapable. Power of Attorney for Healthcare, on the other hand, to appoint someone to make decisions about your day-to-day needs, including financial, medical, or personal, when you are mentally and/or physically unable to do or decide yourself. A power of attorney for Property can also be used even though you are mentally capable, for example, if you live remotely in the same country or overseas from where the Property is located. Both documents cannot be created or changed after a person becomes mentally incapable. 

 

In which countries does Power of Attorney differ from one Jurisdiction (i.e., state, province, territory) to another?

Power of Attorney may differ from one country or Jurisdiction (i.e., state, province, or territory) to another for the United states, Canada, Australia, and some European countries, so your Power of Attorney must comply with jurisdiction-specific laws for these countries. Wassiyyah provides customized legally and Islamically compliant Power of Attorneys for all world countries. Due to the diversity in the legal laws, you should not use free templates for creating your Power of Attorney.

Does Wassiyyah offer Jurisdiction (i.e., state, province, territory) specific Power of Attorney?

Power of Attorney created on Wassiyyah's is country-specific to meet legal and Islamic compliance. Wassiyyah provides Jurisdiction (i.e., State, Province, or Territory) specific Power of Attorney for Canada, United States, Australia, and some European countries where the laws differ from one jurisdiction to another. In short, whenever required, Wassiyyah provides jurisdiction-specific estate plans. Click HERE​ if you want to create Power of Attorney on Wassiyyah if you are a premium member. Click HERE to find out how it works.

What are the Islamic implications of creating a Power of Attorney?

The power of Attorney document is a powerful legal document that mostly relies on moral, legal, and religious values and ethics. You would appoint someone whom you trust, and who can uphold your wishes, it is that simple. Islamic values and beliefs are important regarding Attorney's role who does not act against them. For example, if you appoint an attorney who uses your Property for illegal or forbidden practices per Islamic values, it will be non-compliance Islamically. Your Power of Attorney must appropriately include clauses and legal as well as Islamic wording so that the attorney can not ignore from adhering. Wassiyyah offers Power of Attorney to keep compliance with moral, legal, and Islamic obligations.

 

Should I create Power of Attorney or not?

Everyone should create their Power of Attorney for Property and Healthcare as the most suggested approach. You can pick and choose the preferences for affairs that work best for you and your faith; otherwise, someone has to decide on your behalf, which may be contrary to or against your wishes. It's your legal right, and the time you should make it before it is too late. Creating Power of Attorney would give peace of mind to you and your family. No sadness or regret for you and your family. It becomes challenging for family members when someone goes into mental incapability without having these documents in place.

 

What is the Power of Attorney for Inheritance?

Power of Attorney for Inheritance is a legal document to appoint an Attorney to look after your personal or other affairs after death. Power of Attorney for Inheritance differs compared to the Power of Attorney for Property and Healthcare as those are not valid after death. However, not many countries have adequate laws to support the Power of Attorney for Inheritance, so we suggest consulting the local jurisdictional office or consulate general before signing off. Wassiyyah currently does not offer this type of Power of Attorney due to its inadequacy of laws. However, there is an alternative solution that Wassiyyah suggests as a part of Premium member content.

If you are confused or don't know where to start, please JOIN US​ to receive your free E-Book "Beginners guide to Islamic estate planning," specially designed for those who seriously want to make their estate plan completed in the easiest and quickest way.

If you want to start Power of Attorney for Property or Healthcare, click HERE.

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