Power of Attorney Lawyer
Power of Attorney documents designate a representative; someone who has the legal authority to act on your behalf to manage decisions regarding your estate and/or wellness in case of incapacitation. This can include medical decisions, business transactions, legal decisions, and managing finances.
These documents are an important part of an estate plan, giving ease of access to your estate to those you designate as representatives in case there is ever a time where you are unfit to manage your affairs. These documents are duly important for making sure designated representatives have the legal authority to make decisions on your behalf.
DURABLE POWER OF ATTORNEY
A Durable Power of Attorney document (DPOA) designates someone to manage business, legal, and/or general financial decisions on your behalf. This may be enacted at any point, but usually a DPOA contains specific wording so that your representative can make decisions on your behalf only if you are incapacitated or otherwise unable to manage these matters on your own.
HEALTHCARE POWER OF ATTORNEY
A Healthcare Power of Attorney document (HCPOA) designates a representative to make medical decisions on your behalf. An HCPOA is an important document for making sure you're taken care of as you'd like in case of incapacitation.
MENTAL HEALTHCARE POWER OF ATTORNEY
While HCPOA documents are important to have alone, they do not give and representative the ability to make mental healthcare decisions on your behalf. A Mental Healthcare Power of Attorney document (MHCPOA) designates a representative to make mental health decisions on your behalf. Most importantly, this includes the ability to make decisions about admittance into any mental health institution.
FAQs
Q: What Do You Need a Mental Healthcare Power of Attorney For?
A: While healthcare power of attorney documents can cover the majority of your healthcare needs, mental healthcare power of attorney documents are preferred or sometimes required for admittance into mental healthcare facilities. This includes assisted living or nursing homes.
Q: What Constitutes as Incapacitation?
A: Incapacitation can include any incident that leaves you mentally unable to manage your property or make decisions- this can include serious injuries, mental decline, or illness.
Q: When Does a Power of Attorney Come Into Effect?
A: Your designated representative for power of attorney only has the legal authority to act on your behalf if you are deemed mentally incapable of doing so. Until that point, you have the sole authority to manage your estate and medical decisions.
ALREADY HAVE AN ESTATE PLAN?
An estate plan is an arrangement you always want to make sure is up to date. It may become important for you to amend your current estate plan to ensure it still reflects your life plan and wishes. We recommend reviewing your estate plan every year to confirm your plan is still aligned with your intentions.
When you need to update your estate plan documents:
1. A death in the family;
2. If you want a new trustee for your trust or personal representative for your will;
3. A birth in the family;
4. A divorce;
5. A new marriage;
6. If you want to disinherit a child;
7. If you want to add or change beneficiaries, including a charity;
8. If one or more of your beneficiaries predeceased you;
9. If any of your beneficiaries have special, or changed, needs that you want your estate plan to address.
10. If you received an inheritance or additional assets;
11. If you want a new person to have power of attorney (healthcare or durable financial);
12. New tax laws may have been enacted since you created your estate plan.
Other big life events may trigger the need to amend or update your estate plan, such as getting married, having children or purchasing new assets. Ultimately, you should consider amending or updating your estate plan whenever your relationships, goals or assets have changed. Additionally, documents may need to be updated as new tax laws are in place. At Glazer, Hammond & Smets, PLLC we can amend, restate, or draft new documents so your estate plan is up to date and in line with your desires.
With over 50 years of combined experience, we can help. Our firm possesses the dedication, determination, and compassion necessary to help you successfully plan for the future. Call us at (928) 213-5916 or Contact Us Here to speak with one of our experienced estate planning attorneys!
