FAQs Archives: "Other Legal Support"
What is a Health Care Power of Attorney?
It is a document that empowers someone else to make health care decisions for you in the event that you have lost the capacity to make those decisions yourself, due to some disability. Bear in mind that, in many states, the decision of whether or not to administer care to someone who is incapacitated automatically defaults to the physician, not the spouse, unless you have it in writing that you want someone else to have that power. Having Elder Law Center of Wisconsin prepare a health care Power of Attorney for you is a good way to ensure that your decisions are being implemented by someone you trust and that your specific wishes with respect to medical intervention are spelled out in unambiguous detail.
What is a Power of Attorney?
Power of attorney is a document that authorizes someone else to make legal decisions on your behalf in the event you are unable to make them yourself – decisions and actions such as paying bills, selling real estate, accessing bank accounts, and so on. There are several different types: > Durable Power of Attorney – The legal authority is valid after (and before if desired) you become disabled. > Asset Protection Power of Attorney – This type of power of attorney gives your Agent the authority to protect assets, gifting, making financial decisions etc. Bear in mind that power of attorney documents are valid when notarized. One important goal of this designation is to provide specific instructions consistent with your estate plan, so that important planning decisions you have made cannot be undone through use of Power of Attorney. The standard statutory Power of Attorney used by most lawyers are insufficient to protect your assets or to do estate planning if you become incapacitated. It is critical your Power of Attorney contain the necessary language to authorize all authority needed.