Category: Protect Yourself

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.

Request a Free Consultation with Platinum Paralegals >

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 .

Request a Free Consultation with Platinum Paralegals >

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.

Why Do People Get End of Life Directives?

Why Do People Get End of Life Directives?

When you are making plans for the future, it may not always come to mind to also plan for medical emergencies and healthcare during times of difficulty. When serious illness or unforeseen medical emergencies arise, you want to be assured that your health care will be handled according to your specific wishes.

Many people have strong feelings about the type of compassionate end of life care they want to receive in their time of need. An end of life directive form can be completed years before they are ever needed. This can give you the peace of mind that your medical wishes will be upheld if you are in a position where you cannot speak for yourself. What is an end of life directive form and what benefits do they offer you? The following information will assist you with learning more about your options in terms of receiving compassionate and quality end of life care.

What Are End of Life Directives?

Whenever you are severely sick or injured, you may be in a situation where you cannot voice your wants and needs properly. Many times, people have personal, ethical, or even religious beliefs that influence how they want to be cared for if they are approaching the end of their life. End of life care directives are one way that an individual can ensure that his specific wishes are met, even if he is unconscious or non-responsive at the time. End of life care directives for legally valid documents filed with an attorney so that your specific end of life requests are met with ease.

End of life care directives are one way that an individual can ensure that his specific wishes are met, even if he is unconscious or non-responsive at the time.

Benefits of End of Life Directives

There are many benefits that can come about from obtaining an end of life directives form. For starters, this type of legal arrangement also allows you to select a power of attorney or health care proxy . This means that you can select a person you fully trust to be your voice if you are ever in a position to not be able to speak for yourself.

Why Do People Make End of Life Directives?

Secondly, if you have strong feelings about any of the following potential things that may arise during an end of life situation , a life directive will allow you to make your preferences well-known in advance. If you have personal preferences for any of the following procedures, consider making your wishes known with a legally binding end of life directive.

  • Resuscitation
  • Mechanical ventilation
  • Tube feeding
  • Dialysis
  • Pain treatments and palliative care
  • Organ and tissue donation

Should You Get an End of Life Directive?

Who should get an end of life directive? Anyone who has concerns about having their personal healthcare wishes met if they are in a position where they cannot speak for themselves would be a good candidate for an end of life directives form. If you have a trusted friend or family member that you would like to serve as your voice to ensure your end of life-related wishes are met, this can provide you with a great deal of peace of mind.

Request a Free Consultation with Platinum Paralegals >

It can also drastically reduce family disputes over how these decisions should be handled if you are not in a position to make them for yourself. Contact Platinum Paralegals today to find out how you may benefit from an end of life directive.

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.

Request a Free Consultation with Platinum Paralegals > 

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.

Request a Free Consultation with Platinum Paralegals > 

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.

What Is a Living Will?

No one enjoys thinking about the possibility of serious medical emergency situations, but planning ahead for these types of unforeseen occurrences is important. It can provide peace of mind to know that there are legal policies in place to protect your wishes should you be in a situation that leaves you unable to speak up for yourself.

If you’ve ever felt concerned about being in a situation that leaves you powerless to make important medical decisions, you may have asked yourself, “What is a living will and do I need one?” The paragraphs below will discuss the definition of a living will, as well as the benefits of a living will. This will help you determine whether this type of legal document could benefit you in protecting your medical wishes and rights down the line.

The Definition of a Living Will

Have you ever asked yourself the question, “What is a living will?” Protecting your medical rights and wishes now while you are able-bodied can offer you peace of mind and a measure of security. Taking steps now to ensure your wishes are upheld can also ease the burden experienced by loved ones who are left to make important decisions about your healthcare. Let’s define a living will, one of the types of legal documents that can assist you in ensuring your medical wishes are upheld in emergency situations.

Taking steps now to ensure your wishes are upheld can also ease the burden experienced by loved ones who are left to make important decisions about your healthcare.

A living will is a written legal document that states your medical preferences in situations where you are unable to make informed decisions for yourself. If you are in an accident that leaves you in a coma or otherwise unable to make vital decisions on the spot, a living will can let those in charge of your medical care know your preferences regarding comfort, end-of-life procedures, pain management, life support, and other important issues.

How Can a Living Will Benefit You?

Now that we have briefly described a living will definition, let’s cover some of the benefits that this document can provide. If you ever find yourself terminally ill or seriously injured to the degree that you cannot make important decisions regarding your medical care on your own, a living will can direct your medical team to act in a manner that abides by your specific wishes and ideals. A living will can address any of the following topics that may arise in emergency medical situations.

Resuscitation – Having your heart restarted by artificial means if it stops beating

Mechanical ventilation – Having a machine breathe for you if you are unable to breathe on your own

Tube feeding – Being fed nutrients through a gastro-nasal tube if you are unable to eat unassisted

Dialysis – Having a machine cleanse your blood if your kidneys are unable to perform the task on their own

Palliative Care – How you want to be kept comfortable if the end of your life is approaching

Organ and Tissue Donation – Ensuring your organs are donated upon your death if you desire for them to be

If you feel strongly about any particular topic regarding your health care or end of life decisions , it makes sense to be sure the topic is addressed in detail in your living will.

How To Go About Getting a Living Will

Now that we have discussed a living will definition and the benefits that living wills can provide, you may be asking how you can go about getting one completed. Living wills are valid legal documents, so they must be completed under the supervision of a lawyer or other legal professional. These individuals are experienced in drafting a living will in the proper manner to ensure that your wishes are upheld no matter what situation you may find yourself in down the line. Contact a qualified and experienced legal professional for assistance on getting your living will completed.

Request a Free Consultation with Platinum Paralegals > 

When thinking ahead to the future, it’s always wise to plan for unforeseen medical emergencies . While thinking about these types of things is never pleasant, having the peace of mind that your wishes will always be fulfilled can lift a tremendous weight of burden off your shoulders. The paragraphs above helped to define a living will and outline the important benefits of a living will so that you can decide whether this legal document can be of assistance to you. Please contact our offices if you would like to discuss living wills in more detail.