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. A Muslim Power of attorney (POA) must comply with Shariah and 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.
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.
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.
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 a 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 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?
A power of attorney created on Wassiyyah 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 or Ultimate member.
What are the Islamic implications of creating a Power of Attorney?
A 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 and 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.
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