Power of Attorney

A durable general power of attorney is the normal instrument used to allow another person the right   to act on your behalf in regard to executing important legal documents should you later become unable to sign these documents yourself due to an accident, sickness or, most commonly, age- related frailties.  This instrument gives you the right to select the person you would want to act for you, as opposed to the Court selecting someone for you.   A valid durable power of attorney remains good, even beyond the point of incapacity.  Once a person is deemed legally incompetent, they can no longer execute an instrument of this nature.

A durable power of attorney for health care is a separate instrument that allows a person to select the individual of their choice to make health care decisions for them, if, and only if, that person is no longer able to make or communicate their choice regarding such medical decisions.  This power granted  also survives a person’s incapacity.

The law also allows a person to execute a Limited Power of Attorney, if needed, appointing  an individual  to act on that person’s behalf for a specific transaction or for a particular set time period.  This is often used when business needs to be taken or decisions need to be made during a person’s absence from the area.

To discuss these,  or any other situations where a power of attorney may be required, please contact Steve or Jennifer at 615-444-3299.