A Power of Attorney is a document by which you designate a person to be your Agent authorized to handle financial matters and/or make medical decisions on your behalf. An Agent has a duty to act consistently in the best interests of you, the principal. There are two types of Powers of Attorney which are described more fully below: a Durable General Power of Attorney and a Durable Health Care Power of Attorney.
A Durable General Power of Attorney gives your Agent the power to manage your financial affairs while you are living. The responsibilities of the Agent typically include paying bills, purchasing or selling assets, managing investments, handling taxes and other duties that you choose to enumerate. By appointing an Agent, you authorize a legal representative who can act in your place, allowing for continued and seamless management of your affairs.
A Durable Health Care Power of Attorney allows you to choose an Agent to make health care decisions for you should you be unable to do so. The Health Care Agent may be the same person as the Agent under the Durable General Power of Attorney. Like the Durable General Power of Attorney, the powers of your Health Care Agent are created by and limited by the Power of Attorney document you have signed.
Both Durable General and Durable Health Care Powers of Attorney are important documents that all adults should consider. The Estate Planning attorneys of Goehring, Rutter & Boehm have extensive experience in guiding you through the process of selecting and appointing Agents, deciding what powers to give your Agents and then explaining to you exactly what powers you are granting to your Agent, and when and how the Power of Attorney should be used. We can work with your Agents to ensure that they understand their duties and responsibilities. We partner with our clients to explore the many options available to you and work together to create documents that will provide you with peace of mind now and in the future.
Living Will
A Living Will is a written declaration describing your wishes for future medical treatment. It is also referred to as an advanced directive. A Living Will often describes the type and extent of life extending measures that you would like to receive in the event of terminal illness or permanent unconsciousness. A Living Will provides guidance to your Health Care Agent, doctors and family members.
Because studies have shown that Living Wills that stand alone are sometimes ignored by health care providers, we recommend that your Living Will be made part of your Durable Health Care Power of Attorney. In that way, your Health Care Agent is empowered to make sure that your wishes are honored.
Our Estate Planning attorneys understand the sensitivity of living will issues and the importance of properly aligning the necessary details. We will help you to ensure that your medical care wishes are expressed in the most straightforward and comprehensive manner possible.
