DAVID A. SILVERSTONE
FLORIDA PROBATE AND ESTATES LAWYER.
Durable Power of Attorney
As an individual become older, the capabilities of making decisions might be a little less clear. Again, with age, people suffer from various types of health issues. In such a situation, it is recommended to have a durable power of attorney, also referred to as a POA.
What exactly is a durable power of attorney?
A durable power of attorney contributes to being a document which states the appointment of a person and a senior who are going to act as the agent of the person. In the document, a certain power is assigned to the person so that he can take crucial decisions, on behalf of the senior.
In addition to this, the senior gets the authority to appoint any individual, for holding the position, a friend or member of the family, or an attorney. The person acts as the agent and helps in taking major decisions, related to legal matters, finances, and health, on behalf of the client.
Role of Durable Power of Attorney
There are primarily two kinds of a durable power of attorneys. In the legally binding document which states the appointment of an agent, it will be enlisting the powers of the appointed individual. The rights, the individual has as the durable power of attorney is mentioned in the documents. Thus, the individual does not have any access to other rights, which are not present in the document.
Reasons to Appoint a Durable Power of Attorney
Attorney for healthcare
A common instance contributes to being the power of attorney for healthcare. It provides the capabilities to the agent to make different decisions, related to the health of the senior, on his behalf. It includes the type of medications, the individual needs to take, the kind of healthcare, given to the person, and other decisions of life.
Attorney for finance
These people are authorized to handle different financial and legal decisions, on behalf of the senior. A single individual is capable of handling both the positions at the same time. You need to keep in mind that if you are unable to do it on your own and do not possess the durable power of attorney, it is not possible to make crucial legal decisions.
Without the durable power of attorney, check writing for the hospital and medical bills of the patient, medical planning, the attorney cannot make crucial decisions for healthcare on behalf of the elderly person. As the elderly people assign a lawyer to do these jobs on their behalf, they will gain success in gaining control of the person, who takes the vital decisions on their behalf. Else, the state might give the authority to take similar vital decisions, in accordance with the marital status or the heirs.
To get the power of POA, the person must showcase a demonstration that he is having a sound mind. They should be capable of making the right decisions on his behalf. It is recommended to opt for the services of DOA before any kind of cognizant issues rises.
If the senior has a fall, surgery or in case the person becomes incompetent after surgery, or a stroke, the document provides the rights to let the attorney make decisions for him. After the court of law, authorizes the document, the POA becomes active and the attorney can take decisions, on his behalf.