Create a Power of Attorney Today and Ensure That Others are Not Powerless to Act when You Are...
Do I Need Multiple Powers of Attorney??
Have you ever considered what would happen if an illness or an accident leaves you incapacitated or if you were simply abroad and unable to make legal or financial decisions on your own behalf? Who would make health care decisions for you? Who would ensure that your health wishes were respected? Who would run your business and ensure that your property and assets are protected?
Well, this decision usually falls to family members to make. However, in extreme cases, it can fall to …….The Court!
If you become unconscious or ill and unable to make medical and financial decisions on your own behalf, an application may need to have you made a 'ward of court'. A guardian will be appointed by the court and will make medical and financial decisions on your behalf.
What About Medical Decisions??
There is no guarantee that whoever is given the responsibility for your medical care will respect your wishes.
What if you were religiously against blood transfusions?
What if you wanted certain treatments withheld or withdrawn if
they are only prolonging the dying process – would your
guardian respect your wishes?
What if the guardian authorized amputation against your wishes?
What if your guardian decided to take a risky operation which
could leave you permanently paralyzed or even brain damaged?
Once appointed, there’s no guarantee that the your guardian will make decisions which are in your best interests. YOUR medical treatment will be decided by your guardian and your wishes may not be taken into account!
What about Financial Decisions??
Have you ever considered what would happen if you were unable to manage your affairs due to minor medical reasons or simply because you were away on vacation? Who would manage your assets while you were away, who would protect your investments, who would ensure that your business and personal dealings were carried out?
Well the answer to this is simple…….
Nobody – generally speaking only you can act on your own behalf and only you can sign legally binding contract documents on your behalf!
So what if you were unable to execute the necessary legal documents for, say the purchase of new home, the purchase of a new car or for an important business deal – well, if you are like most people, you’ll probably have to miss out on the opportunity because you failed to properly plan for the situation!
The Powers of Attorney You Need...
A Durable Health Care Power of Attorney is a document that
allows you to designate a person (an "agent") who will have
the authority to make health care decisions on your behalf if
you are unconscious, mentally incompetent, or otherwise
unable to make such decisions. In many States you can also
express your wishes regarding whether you wish to receive
"life-sustaining procedures" if you become permanently
comatose or terminally ill, in the Health Care Power of Attorney
document. This will help your agent to know your wishes as he
or she makes decisions for you.
Even if you have executed a Health Care Power of Attorney, you
still have the right to give medical directions to physicians and
other health care providers as long as you are able to do so.
This document only becomes effective when you do not have
the capacity to give, withdraw or withhold informed consent
regarding your health care.
The document is 'Durable' because the authority conferred
thereunder continues to remain in effect after you have become
unconscious or otherwise unable to manage your affairs.
A Durable General Power of Attorney is a power of attorney
granted to an agent to manage all your business and financial
affairs. Again, as it durable, the authorization survives your
incapacity.
A Limited Power of Attorney , on the other hand, is a legal
device that will allow you to nominate someone to make very
specific financial and other business decisions on your behalf
should you be absent or abroad. The scope of the authority can
be limited to one act or one transaction if desired. The
authorization is considered limited because it remains in force
for a specific period only and is limited in scope to certain
named activities or purposes.
A Durable Limited Power of Attorney is similar to a Limited
Power of Attorney save that it does not cease to have effect
upon you becoming unable to manage your own affairs.
How Will You Benefit??
You decide who should be appointed as your lawful attorney to
make medical and financial decisions on your behalf should
you become incapacitated.
You avoid having a court appointed guardian make medical
and financial decisions that could adversely affect you!
You will have the security of knowing that the person who has been appointed as your attorney is someone that you can trust
to make these important health care and financial decisions
on your behalf.
You can have someone complete personal and business
contracts and transactions on your behalf even when you are
unable to do so yourself due to being absent or on vacation.
You will have the peace of mind of being able to delegate
burdensome tasks to people who can fully complete these
tasks without the need to involve you in the process.
You can set up your power of attorney to include powers in
relation to transactions for:
