Power of Attorney

A Power of Attorney is a legal document which delegates the power to make property, financial and/or legal decisions from one person to another.  The person who makes the Power of Attorney is called the maker or principal, and the person who receives the stated powers is called the agent or "attorney-in-fact".  Typically, a Power of Attorney is used when the maker cannot be present to sign necessary legal documents and/or make certain decisions, or when the maker is unable to make the decisions because of some mental or physical disability.

If the Power of Attorney gives broad authority to the "attorney-in-fact", then the Power of Attorney is called a "General" Power of Attorney.  If the Power of Attorney gives limited authority (where the authorized acts are specifically defined), then the Power of Attorney is called a "Limited" Power of Attorney. 

A "Non-durable" Power of Attorney is effective as soon as it is signed by the maker, and terminates if the maker becomes mentally incapacitated or dies.  A "Durable" Power of Attorney is also effective as soon as it is signed by the maker.  But unlike a "Non-durable" Power of Attorney, the "Durable" Power of Attorney continues even after the maker becomes mentally disabled.  People should be aware, however, that under both a "Non-durable" Power of Attorney and a "Durable" Power of Attorney, the "attorney-in-fact" can make property, financial and/or legal decisions for the maker as soon as the Power of Attorney is signed, even if the maker is present and mentally able to make his or her own decisions. 

A "Springing" Power of Attorney becomes effective at a future time or when a future event occurs, such as the maker's mental disability or illness.  Typically, a "Springing" Power of Attorney will provide that it "springs" into action when someone determines the maker to be mentally disabled.  So, the maker controls his or her own financial affairs while he or she is mentally competent, but is assured that his or her financial affairs will be managed if he or she becomes mentally disabled.  However, one of the serious dangers of a "Springing" Power of Attorney is that the definition of maker's mental disability and/or the definition of who makes that determination is not clearly stated.
 

Living Will

A Living Will is essentially a document whereby an individual sets forth in writing his or her desire not to be supported by unnatural extraordinary means.  For example, if a person’s death is imminent but for the use of respirators, feeding tubes, etc., his or her substitute decision maker, as designated in the Health Care Proxy, would have the power to instruct the doctors to terminate their efforts.
 

Health Care Proxy

The Health Care Proxy designates an agent to make health care decisions for the maker (in the event the maker is not mentally able to make those decisions for himself or herself).  Also, the agent is designated to represent the maker's wishes, as set forth in the Living Will, with respect to the use of unnatural extraordinary means.

CALL US at 800-508-1646 or EMAIL US at jasher@ralawllc.com to learn more about your Power of Attorney, Living Will and Health Care Proxy.