A power of attorney is a document that gives a person you choose the authority to make decisions on your behalf. If you become incapacitated, it is advised that you have a durable power of attorney. A durable power of attorney remains in effect if you become incapacitated and unable to handle matters on your own. A nondurable power of attorney instantly becomes ineffective once you lose mental capacity, which is why it is important to know which type of power of attorney you wish to create prior to writing one.
If you do not create a durable power of attorney, and something happens to you, your family members may have to seek a court’s assistance to elect someone to manage your affairs. As San Jose probate and estate planning lawyers and shareholders at Henshaw & Henry, PC, we have the capability of drafting any type of power of attorney.
A medical power of attorney is one type of advance health care directive. In a medical power of attorney, or a durable power of attorney for health care, you choose a person to make medical decisions on your behalf if you become unable to do so. The person you select is known as your agent, and they will work with doctors and other health care providers to ensure you receive the types of medical treatment you want. When you create a financial power of attorney, you name an individual who will have the authority to manage your finances if you become incapacitated.
Your financial power of attorney must include how much authority the agent can have over your finances. For example, you may wish for them to complete one task, such as selling a piece of real estate. Or, if you want your agent to have full control over your finances, they may be in charge of managing your retirement accounts, filing your tax forms, etc.
Do you need a legal professional to help you establish powers of attorney in San Jose? Both financial and medical powers of attorney are incredibly important documents. They allow a person you know and trust to handle different aspects of your life if you become incapacitated. If you wish to create powers of attorney, or any other type of estate planning document, call Henshaw & Henry, PC and schedule an appointment to meet with me!