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Most people are aware of the need to have a power of attorney as a part of their overall estate plan. Many people, however, are unaware of the difference between traditional powers of attorney and durable powers of attorney. Often times, there is also confusion between a power of attorney and a guardianship. Powers of attorney are most suited for estates that have few disputed issues. With guardianships, the court appoints a guardian to watch over the welfare of an individual. A durable power of attorney becomes effective and is meant to last throughout a person's incapacitation. Unlike a guardianship, a power of attorney does not need court approval before it becomes effective. Durable powers of attorney and health care directives enable people to entrust their financial and health care agent with their most intimate and personal decisions in the event of and during their incapacity. They are written instructions prepared in advance of incapacitation and are important legal tools. They were instituted as recognition that every individual has a fundamental right to control his or her medical decisions. Traditional powers of attorney are designed to end upon the person’s incapacitation. In most situations, a durable power of attorney provides adequate means to protect an individual. Our firm can help you draft the following documents:
While a financial or medical power of attorney may be less costly to create, it does have its disadvantages. Unlike a guardianship, a person with a power of attorney does not need to obtain court approval on a yearly basis. This may leave the conduct of the person with the power of attorney open to legal challenges at a later date, often after the person has passed away. If disputes do arise concerning a person who has a power of attorney, we can represent him or her in court actions. Our firm will help you determine potential problems and whether a power of attorney or other options is most suited for your situation. If you want to learn more about a power of attorney, contact us for a free initial consultation with an experienced attorneys. |
