Through a Power of Attorney, you grant permission to another person to make decisions on your behalf. There are several types of power of attorney — your estate planning attorneys at The Berman Law Group in Boca Raton can draft one that serves your exact purpose.
Through a Designation of Health Care Surrogate — also known as Durable Power of Attorney for Health Care (DPOAHC) — you assign an adult the power to make medical decisions on your behalf when your doctor determines you cannot willfully state your own desires. This is a core component of a complete Advance Directive.
With a Durable Power of Attorney, you assign the right to make financial decisions on your behalf. You decide how much authority over your finances you want the agent to have — from simply accessing a checking account to pay bills and medical expenses, to broader financial management. It is essential to choose a responsible person you completely trust to handle your money and property.
If you do not assign a power of attorney and become incapacitated, the court will choose and appoint a person for you — and it may not be who you would want. While the court goes through the often slow process of assigning an agent, your finances may be placed on hold.
A financial power of attorney can also be prepared for a specific or one-time financial transaction — such as a real estate closing. In those cases, a Limited Power of Attorney goes into effect for that specific purpose only, even if you are not incapacitated.
In choosing an agent to speak on your behalf, select someone who will stand up for you and ask for clarification when they don't understand something. You may choose the same person to handle both medical and financial decisions, or you may designate different agents for each. The estate attorneys at The Berman Law Group will ask you the right questions to ensure both your wishes and purpose are fully represented. Related documents include living wills and elder law planning.
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