if you are around the Scottsdale area, our Power of Attorney Lawyers can help! Our estate planning attorneys can help you know decide when or if you need a power of attorney, and how having one can help you with estate planning.
A Power of Attorney is a document by which an individual grants authority to another to act in his/her place and behalf. The person who grants the power and authorizes another person to act on his/her behalf is known as the principal. The person who is empowered to act under the terms of the document on behalf of the principal is known as the agent or the attorney-in-fact.
Subjects included under a power of attorney could be far-reaching. In most cases, however, a power of attorney is used to discuss issues related to health issues and finances.
Not all powers of attorney are going to be the same. They differ not only on the subject matter they discuss but also on the conditions in which the power becomes executable. Here are examples of the different types of powers, and how they can be used:
A general power of attorney awards to the attorney-in-fact or agent complete authority to act on behalf of the principal instantly upon execution relating to all matters expressly set onward in the general power of attorney. The general power of attorney can award broad powers or powers that are limited or anything between them. A general power of attorney terminates if and when the principal comes to be incapacitated. If the principal wants to have the power of attorney to endure the incapacity of the principal, then the power of attorney becomes “durable power of attorney”. A power of attorney can be either general, durable, or both general and durable.
A durable health care power of attorney enables you to name a particular person to make decisions regarding your health care in case you become incapacitated and are unable to make those types of decisions. The document should facilitate your wishes and provide instructions to the agent regarding medical treatment.
A financial power of attorney enables you to designate an agent to deal with financial matters on your behalf. This could include anything from paying household bills to selling or purchasing property, to collecting your Social Security benefits, to paying your taxes, etc. Whether the power of attorney is general, durable or both general and durable should be detailed in the document. In some cases, it can make sense to make the power of attorney effective straight away (and therefore general). In other cases, it can make sense to make the power effective only in the event that the principal becomes incapacitated. In the latter case, it is referred to as a durable power of attorney that comes into use only after the instance of incapacity of the principal. The power of attorney may also define what constitutes as “incapacity” thereby not needing the agent or attorney-in-fact to look outside the power of attorney when dictating the definition of what established the “incapacity” of the principal.
Medical records are closely safeguarded by health care providers and under federal law. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) specifically limits disclosure of those records and any related information. But what happens if you become ill, your agent or attorney-in-fact is required to make medical decisions concerning your treatment, and the agent cannot get access to your medical records? A general power of attorney for medical records designates your agent or attorney-in-fact with the power to access your medical records under HIPAA so that that the agent can make better, more knowledgeable decisions concerning your medical care.
A Special Power Of Attorney is where you decide the powers an agent can exercise on your behalf. Some common matters handled in this situation include:
These are just some examples of the more everyday types of powers of attorney that can assist in the planning and administration of your estate.
Not really but having one may give you additional peace of mind. Truth is, everyone’s situation is going to be different and yours may need more expertise. The following information can help you decide whether you need an attorney or not.
Whether power of attorney will make sense for you depends on a couple of factors. As knowledgeable and experienced Scottsdale estate planning lawyers, we have discovered that the decision is best made on the basis of an extensive estate plan discussing financial, personal health, and other related issues. If you would like to investigate the subject of how a power of attorney can help in planning your estate, contact Moshier Family Law to schedule an appointment.
Sources:
1. I Need a Lawyer to Write a Durable Power of Attorney?” Findlaw, healthcare.findlaw.com/patient-rights/do-i-need-a-lawyer-to-write-a-durable-power-of-attorney.html.
2. Mack & Pace Attorneys At Law, http://www.mackpace.net/powersofattorney.htm.
3. ily and Children’s Medicaid MA-3320 RESOURCES, www2.ncdhhs.gov/info/olm/manuals/dma/fcm/man/MA3320-04.HTM.
Get advice from the Scottsdale Power of Attorney Lawyers at Moshier Law today. Call or contact to start your free consultation today. Our estate planning lawyers in Scottsdale can help with Wills, Family Trusts, Power of Attorney, Probate, Guardianship, and Conservatorship. Give us a call today for a free consultation
The Moshier Law is here to help you and your loved ones feel secure about your financial future during the Estate Planning process. Throughout the Estate Planning process, we will treat you and your loved ones with the proper respect and dignity your last will and testament deserves. We also aid with creating a living trust, power of attorney, advance health care directives, trust administration, and other estate planning issues.
My wife and I needed help against an unreasonable person and Jenn was there for us. She was so awesome to work with. She has the right heart for this. Family focused and perfect perspective. Fair, reasonable, great strategy and in the end, delivered the best possible outcome one could ever hope for.
A lawyer that fights for you while also doing what is right.
Jennifer is a laAwyer for a dad like me. I am a law enforcement officer (SGT) and doing the right thing no matter how difficult it is, is most important to me. I have a difficult case which she is doing the right thing and getting results. Jennifer is just that. No smoke and mirrors, just the truth. If you are looking for an experienced lawyer in family law with common sense and strong fight, she’s it.
Moshier fought for me…
Jennifer was incredible. She worked so hard and knew my case so thoroughly that she was as fluent in the details of my life as I was. I ended up getting what was fair as a father, which was a lot more than my ex wife’s atty was telling me I deserved. It was nice to have Jennifer as my shield. I would recommend her to anybody with a difficult case. She will not disappoint.
Jennifer Moshier is an incredible lawyer and a gift to the field of law. I am grateful we were able to find a strong woman to help represent us through this nightmare of a mess.
The Information Provided In This Website Is General And Not Legal, Tax, Financial Or Mental Health Advice. Nothing In This Website, On Its Own, Creates A Professional Relationship. Without A Written Engagement Agreement, You Do Not Become A Client Of Moshier Law. You Should Withhold Confidential Information Until A Legal Relationship Is Created. Any Reference To Legal Fees On This Website Is Based On Cases Of The Particular Type Referenced. Each Case Will Have A Different Set Of Circumstances, And Therefore, Legal Fees Often Vary From Case To Case.
©COPYRIGHT 2024 | MOSHIER LAW | ALL RIGHTS RESERVED.