Various powers of attorney
Power of attorney is the power to make decisions on behalf of another. In the case of non-durable power of attorney, this ends when the person granting the power is incapacitated. Durable power of attorney, on the other hand, continues. If you are growing older, you may be thinking of granting this power to someone you trust, in the event that you need to be placed in a long-term care facility or otherwise lose the capacity to make important decisions. You will want an attorney who is both trustworthy and experienced in this field to help you draw up your power of attorney so that it is legally binding.
If financial powers of attorney are drawn correctly, they can be used in order to protect an individual’s assets when that individual might be placed in a nursing home. Language must be inserted into these documents that allows gifting to take place in order to create an avenue by which assets can be protected. Many attorneys fail to include this language that will allow it to be used as a tool to protect assets. Failing to cover this in a financial power of attorney can often lead to a very poor result. Elder law attorneys have the experience and understanding to incorporate the necessary language into a financial power of attorney to achieve desired results. Therefore all financial powers of attorney are not created equal.
Health care power of attorney is similar to financial power of attorney, in that it gives your agent the power to make decisions for you about your health care. This is a type of advanced health care directive. There are other types of advanced health care directive, such as the living will, also known as a declaration of desire for a natural death. This is defined by the state of North Carolina as a statement that you do not want your life prolonged by extraordinary measures if you are in a vegetative state, or if you have a terminal or incurable illness. An advance instruction for mental health treatment makes your wishes known regarding mental health treatment in the event that you need it in the future.
Legal help with power of attorney – Gastonia and Gaston County
In order to draw up any form of durable power of attorney, you will need the help of an attorney who understands the intricacies of elder law and estate planning. Robert C. Whitt is Gastonia attorney, servicing the areas of Mount Holly, Charlotte, Gastonia and Gaston, Mecklenburg, Lincoln Counties and surrounding communities. If you live in this area and are considering designating durable power of attorney, contact his office today.