Getting a power of attorney drawn up can be as easy as using an online process, but note that state laws vary regarding the establishment of a power of attorney. Because of this, you should always make sure your document is executed in accordance with your state's laws. When deciding to create a power of attorney, be sure to think about all the aspects you may want an agent to handle and consider carefully the person—or people—you will name to be in charge of your affairs, especially in case of your incapacitation.
Also, be sure to revisit your power of attorney documents regularly, at least once a year, to make sure that they still reflect your wishes.
Having a power of attorney in place, especially a durable power of attorney , can offer you great peace of mind, knowing that your affairs will be handled by someone of your choice and not someone chosen by the court—which could end up costing time and money as well.
Contents 3 min read. Freelance writer and editor Michelle Kaminsky, Esq. She earned a Juris Docto… Read more. Estate Planning Basics. When power of attorney is made durable, it remains intact if you cannot make decisions for yourself. Family Law Basics. When you sign as someone's power of attorney, you must note that you are legally signing on their behalf.
By drafting a living trust, designating beneficiaries, and holding property jointly, you may be able to avoid probate. Last Wills. You want to make sure you have all your assets covered, but did you know that not all property can be bequeathed through a last will and testament?
Power of attorney is essential in the event that you're incapacitated or not physically present to make decisions on your own behalf. There is no accepted way to amend a power of attorney. If you want to amend a financial power of attorney, the best option is to revoke the existing document and have a new one prepared.
Here is a basic outline for the process of establishing a financial power of attorney:. Roberta is a college professor who is planning a year-long sabbatical in Spain. Since she will remain in the country for a year, she will not be able to execute her financial dealings in Chicago.
She appoints her mother to act as her financial power of attorney for her property and investments. Her mother will write checks and sign important documentation related to her investments and property. In order to create a power of attorney, the individual must be mentally competent.
If your parent or other older adult relative becomes incapacitated, it will be too late to authorize power of attorney, and courts will likely need to get involved to appoint an individual to help manage the person's affairs. A medical power of attorney or healthcare proxy designates an individual to make medical decisions for you when you no longer have the capacity to do so. The person you choose to make health care decisions on your behalf when you cannot is referred to as your agent.
Any competent adult can be your agent, but it's important to keep in mind that some states enforce these exclusions: your physician or health care provider; an employee of your physician or health care provider unless the employee is your relative ; your residential health care provider a nursing home, for example ; an employee of your residential health care provider unless the employee is your relative. If an individual has any of the aforementioned designations, they cannot act as your agent for the purposes of a medical power of attorney in some states.
This may be needed temporarily if, for example, you're under anesthesia and surgery complications arise or for navigating a longer-term health crisis.
The medical power of attorney will only go into effect when you do not have the capacity to make decisions for yourself regarding medical treatment. A medical power of attorney will focus only on health-related decisions and will be written according to the exact specifications of the individual making the directive. As such, a medical power of attorney can include provisions for a wide range of medical actions including personal care management, hiring a personal care assistant, deciding on a medical treatment, and making decisions on medical treatments overall.
The Commission on Law and Aging provides the public with a very basic medical power of attorney form that can be used in most states. Some websites also provide basic templates for medical power of attorney. In most states, a medical power of attorney must be signed and notarized by a notary public before it is a binding legal document.
You may also be required to have witnesses present when your medical power of attorney is signed. Neither a healthcare professional nor a lawyer is necessary to create a medical power of attorney.
You can revoke your medical power of attorney at any time. You can also complete a new medical power of attorney and designate a new agent.
Many people have strong feelings about the kind and degree of medical treatment they want. This is why it's important to think carefully about whom to appoint; the person you choose should be someone you can expect to make decisions similar to those you would make for yourself.
This person should be over years-old and be someone you trust with whom you can discuss your wishes frankly. You should ask the person you select if they feel able to take on the responsibility. Keep in mind: this person may be making very difficult choices, including ones that may end life by ceasing medical care.
Not every person is prepared for this responsibility. You will also want to consider whether the person is close by and can meet with your doctors should the need arise. Usually, you appoint only one person as your medical power of attorney, though you can name alternates for situations when that person might not be available. Sharon's mother's kidneys are failing. She wants to organize her medical and financial documents for her.
A medical power of attorney is recommended for everyone, but especially those with a serious, progressive illness. However, it is important that Sharon's mother is well enough to understand what she is doing when she creates these documents. A medical power of attorney will communicate the treatment wishes of Sharon's mother in the face of a crisis.
Sharon lives in Ohio, so she uses the form that is written into Ohio's state statutes. Because Sharon wants to address all the nuances of her mom's health and directives, she gets advice from an attorney after her mother's medical power of attorney is drafted. A medical power of attorney is also called a healthcare power of attorney HCPA.
This document is different than other legal documents related to end-of-life- healthcare decisions, such as an advance directive, living will, or a do-not-resuscitate DNR order. Reach out to us today or Chat with a live member support representative! All Articles 3 minute read Durable Power of Attorney vs. Start My Estate Plan. Share this article. Recommended for you View All Articles. Which Estate Plan is best for you?
Find out by taking a simple quiz. Pennsylvania law now states that if you rely on a power of attorney in good faith, you will not incur any liability if you follow the instructions of the person given the powers. With these changes, powers of attorney should now be accepted with little hesitation and, therefore, be even better disability planning tools. Phone: Fax: Email: clofine estateattorney.
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