Power of attorney documents play a vital role in your care or the care of a loved one as they age. These legal instruments help trusted individuals make decisions for an elder who can no longer care for themselves. Power of attorney documents may help with medical care, financial choices, estate planning, and much more.
At Kondori & Moorad, LLP, our experienced elder law attorneys help you implement the right power of attorney documents for your situation. You can preplan for the future or address current issues you face—all with our help.
WHAT IS A POWER OF ATTORNEY
A power of attorney is a legal document that permits a named person or persons to act on your behalf. This power may be limited to particular conduct or may grant general powers over your life. This power can be temporary, permanent, or even trigger at a later time or event.
Power of attorney documents are especially common in the estate planning and elder law practice areas. Attorneys utilize these powerful tools to help clients plan for their future care and legal needs. They can also help families struggling to help an aging or disabled loved one care for themselves.
UNDERSTANDING COMMON POWER OF ATTORNEY TERMS
Understanding the definition of a few important terms can help you make important decisions about a power of attorney:
- Agent: The “agent” or “attorney-in-fact” is the person the power of attorney names to act on your behalf. It is the person or persons given legal authority to act according to the limitations in the document.
- Principal: The “principal” is the protected person on whose behalf the agent operates. For example, if your elderly loved one names you as their agent, your loved one is the principal.
- General Power of Attorney: A general power of attorney grants the agent powers over all or most of the principal’s affairs.
- Limited Power of Attorney: A limited power of attorney authorizes the agent to perform only specific tasks or grants authority within a specific timeframe.
- Durable Power of Attorney: A durable power of attorney is immediately effective and remains effective even if the principal becomes incapacitated.
- Springing Power of Attorney: A springing power of attorney is not immediately effective. It becomes so upon the occurrence of a set event or condition, such as when the principal becomes incapacitated.
Your elder law attorney can help explain these terms and how they impact your choices.
WHY SHOULD I USE POWERS OF ATTORNEY IN MY ESTATE PLANNING?
Power of attorney documents play a vital role in your estate planning, or in the care of someone you love. Understanding the roles they play can help you and your attorney pick the rights options for your situation.
Powers of attorney can help you:
- Manage Day-to-Day Affairs: A general power of attorney can empower an agent with complete control over a person’s legal and everyday affairs. This helps protect the principal when they are incapacitated and unable to make their own decisions.
- Handle Finances: Some elderly clients may be able to make day-to-day decisions, but may struggle with handling their finances. A limited power of attorney can help a family member manage their loved one’s financial decisions, while the elder retains power over their other decisions.
- Make Health Care Decisions: One of the most important considerations is your future health or that of your elderly loved one. A health care power of attorney lets you make decisions regarding medical treatment, authorize surgeries, or even make end-of-life decisions.
SPEAK WITH AN EXPERIENCED ELDER LAW ATTORNEY TODAY ABOUT A POWER OF ATTORNEY
At Kondori & Moorad, LLP, we take the time to get to know our clients and their unique circumstances. Our experienced elder law lawyers can help you choose the right power of attorney for your situation. Contact us today to learn how we can help.