Providing You with Protection in Case You’re Ever Incapacitated
Estate planning tends to focus on what happens after you pass away, but some legal tools are meant to go into effect during your lifetime, such as when you’re mentally incapacitated. One such tool is a power of attorney document, which grants one or more trusted individuals the authority to make decisions on your behalf when you cannot communicate your wishes regarding medical care, financial affairs, and other vital issues. If you don’t have a power of attorney, it’s time to contact a trusted lawyer who can help you make one.
At Trusted Estate Planning Attorneys, our lawyers have the legal knowledge and experience to assist with the estate planning process, from setting up trusts, wills, to making a power of attorney as part of your comprehensive estate plan. If you have questions about what decisions your chosen agent – or attorney-in-fact – can make on your behalf and who you should designate for this role, call our Lehi law office today to speak with our knowledgeable lawyers.
What Is a Power of Attorney?
A power of attorney is a legal document that names one or more trusted people who have the legal authority to make important decisions for you when you’re unable to do so anymore. This may be necessary if you’re ever in a coma, suffering from a traumatic brain injury, put under general anesthesia, or otherwise too ill or injured to make your own decisions or communicate them clearly to others.
When you create a power of attorney, you can clarify what types of decisions the attorney-in-fact can make for you and when the legal authority takes effect. For example, you can decide if they can act on your behalf when it comes to your medical treatment, financial matters, business deals, property transactions, and more. You can also specify when the power of attorney goes into effect, such as on a certain date or when a doctor declares you’re not mentally competent to make your own decisions.
Your lawyer will ensure you understand these details before creating a power of attorney. They can also assist with selecting a close family member or friend to take on the role of your attorney-in-fact. You can rest assured our lawyers have your best interests in mind while planning for your future, so call us to discuss adding a power of attorney to your estate plan.
What Are the Types of Powers of Attorney?
Part of the process of creating a power of attorney is choosing the type you want. This will depend on your specific needs, so you can expect your lawyer to advise you after discussing your circumstances. The main powers of attorney in Utah include:
- General power of attorney: This option gives your agent broad powers, meaning they can make decisions regarding any matter in your life, from financial and medical decisions to real estate and business transactions
- Limited power of attorney: This type of power of attorney gives the agent legal authority to act on your behalf only for a specific purpose, after which it will expire
- Durable power of attorney: There is no end date on this power of attorney, which means your agent can keep making decisions for you until your death, unless you revoke it before then
- Medical power of attorney: This power of attorney lets your agent communicate your wishes on medical matters to your doctors and nurses when you don’t have the mental capacity to do so
- Financial power of attorney: A financial POA designates a trusted person to preside over your finances, which might include signing checks, filing taxes, and paying bills on your behalf
- Springing power of attorney: A springing POA goes into effect when a specific event happens, such as if a doctor certifies that you’re too mentally incapacitated to make decisions on your own
If you’re unsure which type of power of attorney best suits your needs, contact our law office to discuss your options. We’ll answer any questions you have about this legal document and help you choose a trusted attorney-in-fact to assist with your medical care, financial transactions, and more.
What Can an Attorney-in-Fact Do on Your Behalf?
If you don’t know if you need a power of attorney, it helps to get an idea of what an attorney-in-fact can do if you’re incapacitated. After all, it may be difficult to imagine a time when you can’t make your own decisions when it comes to your health, money, business, or other important parts of your life. But you never know when you could become severely ill, injured, put under anesthesia, or otherwise unable to make your own money and health-related decisions, so it’s best to plan ahead with a power of attorney.
The following are some examples of tasks that an attorney-in-fact can do for you, depending on the type of power of attorney you make:
- File your taxes
- Sell property
- Buy property
- Pay your bills
- Sign contracts
- Make deposits to your bank accounts
- Take legal action
- Apply for government benefits
- Collect debts
- Consent to or reject medical procedures
- Decide if you get life-saving treatments, such as the use of a ventilator
You and your lawyer can discuss which tasks you want your attorney-in-fact to take on for you, which can help determine which type of power of attorney you make. Note that the family member or friend you choose for this role will be expected to act in your best interests, keep accurate records, and follow all the terms of the legal document. Keep these expectations in mind before you choose the best person to have power of attorney.
Are You Ready to Make a Power of Attorney in Lehi, UT?
If appointing a trusted person to make crucial decisions on your behalf would give you peace of mind when you think about the future, it’s time to add a power of attorney to your estate plan. At Trusted Estate Planning Attorneys, we understand how overwhelming it can be to fully understand all your estate planning options, so you can rely on us to provide the legal counsel you need.
Whether you want to make a financial power of attorney, general power of attorney, or any other type of legally binding document, our team would be happy to help with the legal details. Our estate planners can help you choose from a financial POA, durable POA, limited POA, and more, making sure you get answers to any questions you have along the way. Call 385-993-3523 to learn more about creating a power of attorney with our guidance.