Durable Powers of attorney are documents that EVERYONE should have. If you are 18 or older, Powers of Attorney can be extremely beneficial if you ever have an accident or health issues. If you recall the Terri Schiavo case, where there was a legal battle over her end-of-life decision, you will know the significance of a Durable Power of Attorney for Health Care. If Ms. Schiavo had a Durable Power of Attorney for Health Care, her wishes would have been followed and there would never have been a legal battle.
A Durable Power of Attorney gives you the opportunity to choose who will care for you, make medical treatment decisions for you, and manage your business and legal affairs in the event you become incapacitated. Without these documents, a court proceeding will be necessary to appoint a guardian and/or a conservator upon your incapacity. The judge must then make the decision as to who will be appointed to make the decisions regarding your care and handle your affairs. The person appointed may not be someone you would have wanted.
There are two types of durable powers of attorney:
Durable Power of Attorney: This allows someone to make legal and financial decisions for you such as banking, applying for benefits, selling real estate, etc. The power can be effective immediately or upon disability.
Durable Power of Attorney for Health Care: This allows someone to make medical treatment decisions for you when you are unable to make them yourself. You will also make a statement regarding the use of life support in the event you become terminally ill or are in a persistent vegetative state.
Our attorneys can draft a Durable Power of Attorney for you to meet your needs.