How is a durable power of attorney different from a regular power of attorney? Essentially, a power of attorney authorizes someone else to handle your finances and medical care on your behalf.
On the other hand, a durable power of attorney remains in effect even if you become incapacitated. With a power of attorney, you are granting someone else permission to handle your legal, financial, or medical matters, if not all three.
People who manage various situations for you are referred to as general powers of attorney, and they cover a wide range of transactions. Alternatively, a person with limited powers of attorney typically only steps in in specific situations, like authorizing a car dealer to register a new vehicle for you.
What comes with this designation?
An ordinary power of attorney expires in the event that you become mentally incompetent. However, a durable power of attorney remains in effect even in situations where you are no longer mentally competent.
Also, a durable power of attorney authorizes people to act in a wide range of legal and business matters. The person who fulfills this role continues to do so if you become incapacitated, which is a comforting thought because it means you’ll remain covered and spoken for in circumstances where you cannot speak for yourself.
With a durable power of attorney, an agent, proxy or attorney-in-fact will uphold the role on your behalf. The durable power of attorney will provide your spouse, adult children, parents or friends with instructions on how to handle transactions for you. These may include matters pertaining to buying and selling property, managing bank accounts, paying bills, handling investments, filing tax returns and applying for government benefits, among others.
But what would happen if you didn’t name someone to hold your durable power of attorney? In that case, your family may have to go to court and officially declare you incompetent before measures can be taken in terms of your finances. In order to avoid taking matters to court and opening a legal case that can take a while to finalize, a durable power of attorney can be a much more preferable option.
Can a durable power of attorney help with health care scenarios?
You have the right to decide what kind of medical treatment you want to receive. Maybe you have specific wishes or preferences about what you want versus what you do not want under any circumstances. That’s where a durable power of attorney comes into play.
For context, let’s say a medical emergency renders you unconscious or leaves you unable to make choices about the type of care you’ll receive. With a durable health care power of attorney, you’ll have someone whom you trust who will communicate with health care professionals on your behalf.
From preparing for major medical procedures involving anesthesia to admitting you into a certain ward and discharging you from a nursing home, durable health care powers of attorney can also offer input regarding the medications you either do or do not receive.
Also, in the event of a medical emergency, a durable power of attorney can deal with circumstances where you face cognitive decline later in life. The person named can assist with any situation where you are no longer capable of making decisions on your own.
You’ll speak with the person named in your durable power of attorney in advance and make your preferences known ahead of time in writing. When the time comes, the person you named in your durable power of attorney will ensure others follow your wishes if you can’t express them yourself.
Comparing A Durable Power of Attorney and an Advance Directive
You may be wondering how this is different from an advance directive or living will, seeing as these both detail the treatment you want to receive at the end of your life. These documents serve as proof of your preferences and allow others to carry them out when you’re unable to communicate due to your physical or mental condition.
A durable health care power of attorney names someone to make medical decisions for you if you can’t, even if you expect to recover fully. If this sounds reasonable or applicable to your desires, speak with an attorney to discuss your estate planning needs. That way, you’ll have documents that will work in your favor and for you when you need them most.
Also, remember that the name of the person you appoint as a durable power of attorney is not set in stone. You can revoke the title at any time as long as you are mentally competent.
You might be wondering who can override the position of power of attorney for a loved one in the event that you believe someone is abusing their position as the holder of power of attorney for someone else. If that’s the case, you may be in a position where you can take legal action and remove that person from their appointed position.
No matter what your concerns are or what the specific situation is, make sure you work with an attorney who has experience in the world of estate planning and elder law. An experienced professional will help you explore your options while ensuring that you and your family are safeguarded against future problems and uncertainty. Contact our office today to see if we can help you achieve your estate planning goals.
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