Category: Durable Power of Attorney

health care agent

How to Choose a Health Care Agent

No matter how much you plan for your future, you can’t know everything you may face and how you are going to deal with it. You may become ill or injured that may leave you incompetent. When this happens, you can not make a decision on your own behalf, so you’re forced to leave your health care in the palm of someone else’s hand. Your loved ones will do their best to make medical decisions for you but there is still a chance they could make a decision you would have disagreed too. By appointing a health care agent, you can undergo the medical treatment you wish to receive if you were to become incompetent.

What Is a Health Care Agent?

A health care agent is someone you choose to make medical decisions for you if you were to become unable to do so. For example, if you were to become too sick or too injured to communicate with others, your health care agent would make medical decisions on your behalf. You do not need to be an elder or terminally ill to begin thinking about naming a health care agent because a serious accident can happen at any time throughout your life. Your health care agent can ensure you get medical treatment that goes along with your values and beliefs.

You do not need to be an elder or terminally ill to begin thinking about naming a health care agent because a serious accident can happen at any time throughout your life.

What Are Health Care Agent Responsibilities?

Your health care agent may only make medical treatment decisions for you. They can’t make decisions on money or other legal issues. When you can’t make decisions for yourself, your health care agent will talk to your doctors and nurses about your wishes so they are taken into consideration when planning your treatment. Your agent will help ensure doctors follow your living will, but if you don’t have one, he or she will try and make decisions that you would make for yourself. This is why it’s important to discuss your thoughts about quality of life with your agent so they know what makes life worth living for you. It’s also a good idea to make sure your health care agent agrees to take on the responsibility so you get the medical care you wish for.  

When you can’t make decisions for yourself, your health care agent will talk to your doctors and nurses about your wishes so they are taken into consideration when planning your treatment.

How to Designate a Health Care Agent

Choosing a health care agent is important to ensure your wishes for your health care will be respected when your not able to speak for yourself. You want to make sure you choose someone who knows you very well and you could trust to be your agent. You can choose a secondary health care agent just in case your first choice is not able to show up. Make sure your agent knows and understands all your values, beliefs, and wishes so you get the proper care. It’s impossible to discuss every worst-case scenario that may arise but the more your healthcare knows about your preferences and what’s important to you, your agent will be better able to make decisions on your behalf.  

Every state has a document where you can appoint a health care agent. If you need help finding this form, Platinum Paralegals is here to help. They can also help you involve your health care agent with your living will so your agent fully understands your wishes. Call Platinum Paralegals™ at: (818) 839-6879 or send an email to: info@platinumparalegals.com.

Power of Attorney Types

It is important to discuss power of attorney with aging parents, an ailing spouse, or a close friend before it becomes too late. Obtaining a power of attorney is a secure way to avoid worst-case scenarios or legal complications after you become incapacitated or pass away.

What Is the Meaning of Power of Attorney?

A power of attorney is a document used to appoint someone or an organization to make decisions on your behalf if you become unable to do so. The person appointed is called an “attorney-in-fact.” The appointment can either be effective immediately or can be effective when you are unable to make decisions. However, all types of power of attorneys are not equal and serve different purposes. Each type gives your appointed person a different level of responsibility.

The person appointed is called an “attorney-in-fact.” The appointment can either be effective immediately or can be effective when you are unable to make decisions.

What Are the Types of Power of Attorney?

It is important to appoint someone you trust because they are expected to place your interest ahead of their own. There are multiple circumstances where the appointed person will be given the power to make decisions on your behalf. There are four different types, each serving a unique purpose.

General Power of Attorney can perform almost all the powers and right that you have yourself. For example, they can manage personal finances or sign documents on your behalf. If you needed someone to handle your financial matters, you do not need to be incapacitated to use a general power of attorney. A general power of attorney ends when you become incapacitated, revoke the appointed person, or pass away.

Durable Power of Attorney can remain in effect after you become incapacitated but is limited in scope. If you don’t have a durable power of attorney to represent you in court if you were to become incapacitated, the court can appoint a conservator or guardian to represent you. A durable power of attorney will remain until you pass away, but you make revoke the appointed person while you’re not incapacitated.

Limited or Special Power of Attorney gives the appointed person the power to act in your place but has specific power limits to a certain area. For example, a limited power of attorney grants the appointed to sell a home or other piece of real estate. They could sign a deed to property for you on a day you are out of town but the power of attorney ends at a specified time in the document.

Springing Durable Power of Attorney, like durable power of attorney, allows your power of attorney to become effective when you’re incapacitated. Although, it does not become effective until specified events occur such as when you become incapacitated. It is important that the standards be clearly laid out in the document for determining incapacity and triggering the power of attorney.

How Do You Obtain a Power of Attorney?

Choosing a power of attorney is the best way to avoid complications or worst case scenarios if you were to become incapacitated. There are only a few steps you will need to follow when you’re seeking a power of attorney. First, you will need to determine which type of power of attorney suits your needs and which person you wish to appoint as your power of attorney. Second, to inquire about what you forms you need to obtain. You will need to contact your local lawyer or your city hall. Once you obtain the necessary forms for your needs and fill them out, you will review the signed forms with your lawyer. Your lawyer will be able to explain the legal language to suit your case and can get the documents notarized so no institution or person can challenge the signature.

Choosing a power of attorney is the best way to avoid complications or worst case scenarios if you were to become incapacitated.

For low cost, affordable paralegal assistance, call Platinum Paralegals™ at: (818) 839-6879 or send an email to: info@platinumparalegals.com.

lawyer signing document

What is Durable Power of Attorney?

While it’s never pleasant to think about being in a vulnerable position with your health, it is important to plan for unforeseen occurrences. Have you ever thought about what you would do if you ended up in a coma or experienced a medical emergency in which you were unable to speak up for yourself?

How can you ensure that your health care wishes are carried out if you’re unable to consciously make decisions regarding your care? One thing that many people choose to do to gain peace of mind in this type of scenario is to obtain a durable power of attorney.

What is a durable power of attorney? What are the benefits of a DPOA and how can you get one? The following information will give you the durable power of attorney definition, as well as everything you need to know about this important document.

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What is a Durable Power of Attorney?

What is a durable power of attorney? An attorney is someone who has the legal right to represent someone else and speak on their behalf. In terms of medical emergencies and other situations where a patient cannot speak for themselves, they can similarly appoint another trusted individual to represent them and see that their wishes are carried out.

A durable power of attorney is a legal document whereby an individual appoints another individual to be his voice and represent him if he is unconscious or otherwise unable to make decisions for himself.

What are the Benefits of a DPOA?

Many people have very strong opinions on various medical treatments that may be used in cases of emergency or in end of life settings. Due to religious or personal convictions, some individuals may not want to be resuscitated, put on life support, fed through a tube, or kept alive through artificial means. However, if a person is in an emergency situation and enters the Emergency Room already unconscious, he cannot speak up for himself or be sure that his wishes are honored.

Protect yourself with a dpoa

In this way, a durable power of attorney can speak on his behalf according to predetermined criteria. This also reduces friction between well-meaning family members and friends who may disagree on how medical care should be provided for the incapacitated individual.

Where Can You Get a Durable Power of Attorney?

A durable power of attorney is a legally binding document that is recognized by law officials, lawyers, hospital staff, medical professionals, and court systems. This type of document is generally arranged and filed by an attorney. Copies can then be given to your health care proxy, your primary physician, and any doctor’s office or hospital where you may receive treatment.

When and if an emergency arises, the wishes you have laid out in this document must be upheld and honored by all of those providing health care during your time of emergency. You and your loved ones have the peace of mind of knowing your wishes will be kept regardless of the situation at hand.

Accidents and unforeseen events can happen to all of us, whether we are young or old. If you have important internal convictions regarding end of life decisions or how you would like to be cared for if you are not consciously able to decide for yourself, you may find a great deal of peace of mind in obtaining a DPOA .

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The above information covered the durable power of attorney definition, as well as the benefits this document has to offer you and your loved ones. If you would appreciate the added peace of mind of knowing your health care wishes will be carried out to your specifications, contact us at Platinum Paralegals today to find out how we can help you get a durable power of attorney set up.

Getting a Durable Power of Attorney vs Getting a Living Will

Getting a Durable Power of Attorney vs Getting a Living Will

Nobody wants to think about becoming incapacitated. But if you are at all concerned about making healthcare decisions or managing finances should you suffer a severe accident or illness, then creating a living will and getting a power of attorney are two ways to prepare for the unthinkable.

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However, many people do not fully understand the difference between designating a power of attorney and the creation of a will. While a will outlines your wishes for end-of-life care, it does not designate a person to make healthcare or financial decisions for you.

By contrast, a power of attorney that is durable means that the person you designate may make decisions for you, should you become incapacitated. You may designate a durable power of attorney for healthcare, one for finances, or both.

Getting a Durable Power of Attorney against Getting a Living Will

Below are some of the pros and cons of each – this comparison of durable power of attorney vs living will may help you decide which option is best for you.

Pros of Getting a Durable Power of Attorney

Getting a power of attorney can be an excellent way to make sure that, should you become unable to manage your health or finances for any reason, you have a way to ensure your affairs are managed. If you choose a power of attorney for finances, that person can ensure that your bills are paid, your health premiums are up to date, and any other financial issues you have are handled appropriately.

If you choose a power of attorney for finances, that person can ensure that your bills are paid, your health premiums are up to date, and any other financial issues you have are handled appropriately.

If you choose a power of attorney for healthcare, you have the advantage of knowing that, should you become unable to make medical decisions, you will have someone you trust deciding what care is best for you.

Cons of Getting a Durable Power of Attorney

As noted above, while the durable power of attorney vs living will difference may seem slight, getting a power of attorney has several advantages. And while it can be comforting to know that somebody you trust is making your medical decisions, the disadvantage is that you cannot know for certain whether your power of attorney will make the same decisions that you would.

Pros of Getting a Living Will

A will is an excellent idea if you have definite preferences or plans for the way you want medical decisions made if you are unable to make your own decisions. A will also can dictate how you want your finances to be handled.

Getting a Durable Power of Attorney other than Getting a Living Will

One of the main advantages of having a will is that you can outline exactly how you want your healthcare and/or financial decisions handled. But in making the durable power of attorney vs living will comparison, it is important to understand that, when you have a power of attorney, you entrust key decisions to another person.

Cons of Getting a Living Will

At first glance while making the comparison of durable power of attorney vs living will, a will may seem ideal – you can outline exactly how you want your affairs handled in the event you become incapacitated. However, in practice, the wording of wills is often a bit vague. And no matter how thoroughly you think you’ve planned, there’s always the chance that you will run into a situation you haven’t planned for. Essentially, while wills may be able to cover the majority of situations, there is always a chance you will run into an issue that the will does not cover.

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In summary, while a will and a power of attorney accomplish similar goals, it is vital that you understand the durable power of attorney vs living will difference before you choose whether you would like to set up one, both, or neither. And making the comparison of a durable power of attorney vs living will may be difficult, as nobody wants to imagine becoming medically incapacitated. However, with one or more of these in place, you will be able to rest assured that, should the unthinkable happen, your affairs will be taken care of.