Why Do I Need A Power of Attorney?

A Durable Power of Attorney, (POA or Power of Attorney) is a legal document that allows you to appoint someone, such as a spouse, other trusted family member, or professional, such as an attorney or other fiduciary, to make financial and legal decisions on your behalf if you become incapacitated. Additionally, Healthcare or Medical Powers of Attorneys also exist where medical decisions can be delegated to others similar to how they are delegated in general Powers of Attorney. As long as you sign a valid Power of Attorney prior to losing mental decision-making capacity, your POA will generally be enforceable.

It is recommended to get a POA if you are at least 18 years of age for the following reasons among others:

Avoid Court Appointed Conservatorship

If you become incapacitated, your family may need to go to court to appoint a conservator, which will likely result in time-consuming, public and expensive experiences and someone who you may not wanting to manage your affairs may get appointed by a court to handle these tasks for you.

Benefits of Healthcare Power of Attorney

A Healthcare Power of Attorney will help you ensure that your wishes regarding medical treatment are accounted for and that you have authorized someone to make those decisions on your behalf for periods when you are unconscious or potentially medically unable to make decisions, because you lack mental decision-making capacity.

In a Healthcare POA, you can authorize your agent to for example, interpret your desires in a broad manner, to for example, consent, refuse, or withdraw consent to choose types of medical care, medication, surgical procedures, diagnostic procedures and utilize things such as breathing support, nutritional and hydration, and cardiopulmonary resuscitation among other options.

Benefits of General Durable Power of Attorney

With a durable power of attorney, you can authorize your agent to: pay your bills, handle insurance matters, file taxes, deal with digital assets, (such as online accounts, passwords, cryptocurrency) and access banking or retirement information.

Additionally you can protect your spouse and business partner when you execute POAs to manage things such as joint finances, property, mortgages, accessing accounts, paying employees and handling ongoing contracts or tax filings. Additionally, a durable POA will permit your agent to pay for nursing homes, home care, rehabilitation, and handle things such as social security, VA accounts and Medicaid to keep your health and living arrangements covered.

Avoid Court Appointed Conservatorship

If you become incapacitated, your family may need to go to court to appoint a conservator, which will likely result in time-consuming, public and expensive experiences and someone who you may not wanting to manage your affairs may get appointed by a court to handle these tasks for you.

Examples of Where POAs Save the Day

-       Hospitalization or surgery: When you are out and under the knife, your agent handles your healthcare billing and communications to make the process as seamless as possible.

-       Emergency Injury: Your Agent pays your bills, rent and arranges child care for your children.

-       Travel or Incapacitation Overseas: Your Agent can sign documents on your behalf and manage your accounts while you recover.

Are you interested in getting a Durable Power of Attorney or Healthcare Power of Attorney in Charlotte, North Carolina, Miami, Florida, Fort Mill, South Carolina, or in one of our other states? We’re here to help. Quick turnarounds and no surprises. Remote services available with document signing procedure instructions provided.

Contact Biazzo Law today at (703) 297-5777 or alyssa@biazzolaw.com to schedule a consultation today. www.biazzolaw.com 

** Information in this blog should not be considered legal advice, nor does it form an attorney-client relationship

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