Power of Attorney
When you are planning for your future, a power of attorney (POA) and healthcare directives should be at the top of your estate planning list. These documents can help you address your needs and make sure your wishes are met when you are incapacitated or otherwise unable to make important decisions.
Herbert Law Office provides tailored services to clients seeking estate planning needs. We will help you choose responsible people who are able to administer your power of attorney or healthcare directives. We will also develop documents that address your specific concerns for your future. Call us today at 661-524-9350.
Prompt and Efficient Service
Herbert Law Office understands that you may face an array of situations at the end of your life or at any time before that when you may need someone else to handle your affairs. We can help you develop a plan to address your wishes and meet your needs in the future.
We can help you with:
- Power of attorney
- Healthcare directives
- Documentation
- Guardian recommendation
- Financial decisions
Prevent Legal Confusion Before It Starts With Durable and Nondurable Powers of Attorney
There may be a time when someone — to whom you have given power of attorney — will make critically important decisions that affect you, your health, and your entire estate. Determining who this person will be should not be lightly decided. Herbert Law Office can help.
You may wish to establish a durable or nondurable power of attorney. A durable POA is typically used for medical care and financial issues. If you become incapacitated and are unable to handle your health and financial matters, a durable POA would automatically become effective. A nondurable POA, on the other hand, may be initiated to handle things where you are not present and for a limited period of time. Nondurable powers of attorney automatically become invalid if you lose your mental capacity to handle your affairs.
Healthcare Directives
You are the only person who knows how you should be cared for by healthcare professionals. In many situations, you are able to convey your desires verbally. However, if you become mentally or physically incapacitated, you may not be able to tell others what you want. Healthcare directives can provide you with a plan.
One of the primary functions of healthcare directives is selecting a person who you trust to make decisions for you. However, your healthcare directive will also give specific instructions regarding an array of medical matters. We can plan for many different stages of your health to make sure your wishes are addresses in every situation.
Medical Power of Attorney
A medical power of attorney is a type of healthcare directive that names an agent to make decisions if you are unable. Often called a “durable power of attorney for healthcare,” these documents provide information to your friends and family regarding the type and extent of health care you desire in specific situations.
When you name an agent in your medical POA, they will work with your doctors, nurses, long-term care providers, and other health care providers to meet your needs. They may arrange for your care as well as convey necessary information to friends, family, and professionals.
Financial Power of Attorney
You may establish a durable power of attorney for finances that addresses only your financial needs when you are incapacitated. This document selects an agent to be responsible for paying bills, closing real estate deals, conducting bank transactions, and meeting other financial needs. This person may be the same as your medical POA agent, or they may be different. It can be difficult to select the right person for each of your powers of attorney, but Herbert Law Office can help.
What Is a Living Will?
Much like the previously addressed medical and financial powers of attorney and healthcare directives, a living will details your wishes when you become incapacitated. While a traditional will addresses your wishes after death, a living will makes sure your friends and family are aware of how you wish your matters to be handled while you are still alive. Living wills are important because they provide a single document to address all medical and financial concerns. You may supplement your living will with other documents like powers of attorney and healthcare directives.
When a Power of Attorney Ends
Most durable powers of attorney, such as the medical power of attorney or financial power of attorney, start when you become incapacitated. They may become no longer be effective in the following situations:
- You revoke your power of attorney. At any time while you have mental clarity and physical capacity, you may revoke your POA or healthcare directives.
- A court finds your power of attorney invalid. If your POA documents were not properly written or executed, a court may find them invalid. This is why it’s important to have a skilled attorney draft and retain your documents.
- A court revokes the authority of your named agent. If your agent commits certain crimes, is not acting in your best interests, or acts against your power of attorney, the court may revoke their authority.
- You get a divorce. If your spouse is your agent, your POA or healthcare directives may automatically be ineffective upon divorce. You may make changes to your documents or reestablish your ex-spouse as your agent after your divorce.
- After your death. Upon death, your living will and other power of attorney documents will be ineffective.
Safeguard Yourself, Your Family and Your Estate
Our experienced legal professionals at Herbert Law Office will work to protect your rights and ensure all your documents are timely filed, your beneficiaries are well-educated and current on your wishes and their responsibilities, and that your estate matters are secure. Call 661-273-9007 today.
