LA Probate Law Talks about Durable Power of Attorney
Many people wonder why they need a power of attorney (POA) as part of their estate plan, well the answer is typically because they’re not dead yet. Most Wills and Trusts are created to spring to life upon the death of an individual. What this means is that if for any reason due to failing mental health, Alzheimer’s, dementia, coma or any other reason somebody is not able to sign their name to a legal document or conduct their finances in a sound manner their estate will remain stagnant. With a POA, it won’t. A power of attorney allows somebody to sign your name when you are unable to sign it states LA Probate Law. Powers of attorney can be general, special, durable, limited or springing. All powers of attorney must be notarized before the document will be considered a legal.
General and Special Power of Attorney
In estate planning, a durable power of attorney is often chosen as a way to plan for those times when you are incapacitated. It is a written document that remains valid even if you should later become unable to make your own decisions. With a durable power of attorney, you are able to appoint an agent to manage your financial affairs, make health care decisions, or conduct other business for you during your incapacitation. If you choose to create a durable power of attorney, a lawyer can tailor your document to meet your needs. A general power of attorney gives the agent (aka: attorney-in fact) broad financial power to act on behalf of the principal (the creator of the power of attorney) explains LA Probate Law. Most powers of attorney are general because when the document is first created it is difficult to determine what it may be needed for in the event of one’s mental incapacity. A special power of attorney is typically used in the sale of real property or to take care of a specific business matter while one is still alive but either out of the country or just plain unavailable to execute a document or documents needed to complete a transaction. A successor trustee will typically need a special power of attorney before being allowed by the escrow company to sell the home of a deceased trustor.
Durable, Limited, & Springing
A durable power of attorney is exactly what is says, durable. It is meant to live on for an indefinite period of time. However, most banks, credit unions and other financial institutions won’t accept a power of attorney of any kind if the document was executed more than seven years prior to its use for liability reasons. We highly recommend that a durable power of attorney be re-affirmed every seven years so you know it will be accepted these institutions should its use be required. A limited power of attorney can be used only for a specific period of time tells LA Probate Law. Many are one drafted with the intention of using them for one month, six months, or a year. Many people give their attorney a limited power of attorney to take care of a legal matter when the client is being represented by an attorney. A springing power of attorney “springs” to life only upon ones incapacity. As a part of most estate plans the trustor will also create a Power of Attorney that is a Springing General Durable Power of Attorney in which the agent will be able to use ONLY if the Principal/Trustor becomes mentally incapacitated. Incapacity of the Principal is typically determined by two physicians not related by blood or marriage to the agent. The physician and the named agent thereafter affix affidavits to the power of attorney. Once these affidavits are affixed to the power of attorney and it is thereafter recorded, the Springing General Durable Power of Attorney is ready for use by the agent.
Durable Power of Attorney for Health Care
The durable power of attorney for health care is a limited durable power of attorney created only for the purpose of making health care decisions. The durable power of attorney for health care can do everything that a living will can do. In addition, it gives your agent the power to actively remind your physician of your wishes. Your agent will make all of your health care decisions in the event you become incapacitated. The agent must follow your wishes and must consider your physician’s recommendations. Any decision must also be within the range of accepted medical practice. Part of creating a durable power of attorney for health care is choosing an agent. The agent is the person that you assign to make health care decision for you. You need to think carefully about who knows you best, and who will be able to speak on your behalf regarding your health care matters. You should also consider where the person lives and whether that person could be present when health care decisions need to be made say LA Probate Law. You should discuss your health care wishes with your agent. You should also consider naming a second person to act as an agent in the event that your first choice is unavailable or is unwilling to make the decision. Once you have signed a durable power of attorney for health care, you should inform you physician, your family, and your religious advisor. If you change your mind after creating the document, you can amend or revoke it at any time.