With the Coronavirus Pandemic sweeping our country and around the world, we understand how important it is to have your legal documents in order. Our office can prepare both a Power of Attorney and a Medical Power of Attorney at a reasonable cost to you. Moreover, the entire process can be done through teleconferencing, including notarizing the document. We can typically get you the documents back to you within 24 hours. Our attorneys will be there for you through teleconferencing and tailor these important legal documents to you and make sure you have everything you need during this difficult time. Further, we will ensure that you understand the legal documents that govern your life, family, and business affairs. Schedule an appointment today with our online booking tool. We will contact you and obtain the necessary information to take care of this for you. If you need more information about what those documents are, please see below:
POWER OF ATTORNEY
A Power of Attorney allows you to designate someone else to act on your behalf whether it be short term or for an extended time period. You can revoke the power of attorney when you no longer need it. A Power of Attorney is different from a Medical Power of Attorney and is discussed in detail herein.
A Power of Attorney document allows you to choose what your personal representative can do on your behalf. We have created a non-exhaustive list of powers that you may want to give your trusted representative, including:
The Power of Attorney will allow your representative the right to control banking transactions and bank statements, the power to open and close accounts and safety deposit boxes, manage your tax obligations, create and pay notes (including promissory notes), and obtain and receive credit on your behalf.
The Power of Attorney will allow your representative the right to operate, buy, sell, enlarge. Reduce or terminate business interests. If you are an owner of a company and to the extent that the Operating Agreement or By-laws would allow it, your representative can exercise the rights and powers that you otherwise would have. Your representative can also take care of and manage any claim or litigation matters that arise as it relates to your business interests.
Insurance & Annuity
Insurance and Annuity: You can also give your representative the right to control personal insurance policies/annuities and obtain new policies/annuities on your behalf. They can have the right to obtain a loan on certain policies and likewise can exercise the authority you give them to collect, sell, assign, or pledge your interest in an insurance contract or annuity.
The Power of Attorney will allow your representative the right to buy, sell, rent, or otherwise manage real estate. You can also allow your representative to manage any mineral interest that you may have.
The Power of Attorney will allow your representative the right to purchase gifts, and to buy or sell your personal property. You can also grant your representative the right to hire others on your behalf, like housekeepers and contractors.
The Power of Attorney will allow your representative general authority to do the things you would otherwise do. However, you can limit even the general powers and tailor the Power of Attorney to your specific needs. If you only want to give your representative one or more powers, you simply let us know what powers you want to give them and which ones you do not, and we make sure that the document is exactly what you want.
WHEN SHOULD YOU HAVE A POWER OF ATTORNEY FORM?
Some instances include the following:
- If you have been or are concerned that you might be diagnosed with a serious illness.
- You travel frequently, especially if you travel out of the country.
- You are employed in a work environment that exposes you to hazards.
- You want to protect your family and business affairs.
- Who would manage your business or property in your absence?
- Who would take care of your children to make sure they were able to maintain a certain standard of living should the need arise?
- Who would make sure things are handled on your behalf in accordance with your exact wishes and standards should the need arise?
At the Law Office of Deborah Crain, we also act as Power of Attorney for our clients’ businesses upon request. In times of emergency, the Operating Agreements or By-Laws that we create for our clients allows us to step in for them in times of crisis and make sure that they can continue to operate.
If you would like to protect your business and family, please fill out the following link and our office will be happy to provide to you more information on preparing that important legal document for you:
WHAT IS A MEDICAL POWER OF ATTORNEY?
A Medical Power of Attorney allows an agent may make health care decisions on your behalf only if you are not able to do so yourself. It is effective immediately after it is executed and remains effective indefinitely unless it contains a specific termination date, it is revoked, or you become competent. This could include something like going into a coma and then coming back out of a coma. You want to make sure you have the right person acting on your behalf to ensure your wishes are carried out.
FREQUENTLY ASKED QUESTIONS & ANSWERS
Q. What happens if I do or do not want a particular treatment?
Treatment may not be given to or withheld from you if objected.
Q. What health care decision making power does the Medical Power of Attorney grant to an agent?
While your agent is given wide latitude when consenting to or refusing treatment on your behalf, there are limitations. This includes things like committing you to a mental institution or denying you comfort while you are being cared for. The Medical Power of Attorney can limit the amount of power their agent has based on their specific desires. It is so important to talk to an attorney to understand your rights and what rights you can give to others with this important document. You also can revoke the Medical Power of Attorney any time you want to.
Q. What else do I need to know before signing a Medical Power of Attorney?
A checklist provided below to get ready:
______ A disclosure statement that you will need to read and understand to be effective.
______ Two (2) witnesses to sign off on the Medical Power of Attorney. Your witnesses should be impartial and unbiased, i.e., not a family member or your medical provider.
______ You should read, understand and sign this document prior to seeking medical treatment, if at all possible. Nonetheless, if you become ill, you want a Medical Power of Attorney to make sure that the right person is carrying out your wishes.
______ One (1) “alternate” person to carry out your wishes in case the first person you select is for some reason unavailable.
A Medical Power of Attorney is about carrying out your wishes. We make sure those wishes are carried out with the right legal documentation, and with legal advice from an attorney, not just some fill in the blank form from a law document website.
If this is something you would like to protect and carry out your wishes, please fill out the following ling and our office will be happy to provide to you more information on preparing this document for you.