Smart estate planning involves several vital legal documents, and powers of attorney are at the top of the list. These documents name a trusted agent to make decisions on your behalf when you are unable. Often, this is due to an injury or illness that has left you incapacitated.
Powers of attorney can give you tremendous peace of mind, but it is important to make sure they are done correctly. Online templates may not address your specific needs. Our power of attorney lawyers in Marietta can help you draft documents that are legally sound and enforceable in Georgia courts.
Nelson Elder Care Law has served hundreds of Georgia families. Our elder care lawyers in Marietta have helped them through the tough legal decisions that accompany aging. Call today to schedule your free Legacy Planning Meeting to discuss your powers of attorney.
Do You Need a Lawyer to Make a Power of Attorney?
While you don’t need a lawyer to make a power of attorney document, it is smart to consult with a knowledgeable elder law attorney. People often rely on forms they find online, only to later discover they may not address their needs.
Our Marietta power of attorney lawyers will understand what’s important to you, and help you create power of attorney documents that completely address your wishes. You can rest easy knowing that your documents are legal, sound, and do what you expect them to.
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What Are the Types of Powers of Attorney?A power of attorney document names one or more agents you have chosen to make decisions on your behalf, and explains the duties they may or may not perform. Types of powers of attorney you may encounter include:
Financial Powers of Attorney
Gives your agent the legal authority to manage your financial matters, such as paying your bills, handling your bank accounts, managing property, filing taxes, and making investments on your behalf. A financial power of attorney typically comes into effect if you can’t act for yourself.
Medical Powers of Attorney
Allows someone you trust to make healthcare decisions for you if you are unable to communicate or make those decisions yourself. In Georgia, what other states call a medical power of attorney is part of the Georgia Advance Directive for Health Care.
Durable Powers of Attorney
This type of power of attorney remains valid even if you become mentally incapacitated, ensuring your chosen agent can continue acting on your behalf. A durable power of attorney gives you the strongest level of protection.
In addition, specific types of powers of attorney, such as springing and limited, allow your agent to act only under specific circumstances or for specific tasks. In the context of estate planning, a durable power of attorney is usually the best option.
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When Is the Best Time to Create a Power of Attorney?
While estate planning is often associated with getting older, anyone can benefit from having a power of attorney. The best time to create one is before you need it. Obviously, it is impossible to know what that will be, so the next best time is right now.
Even if you are relatively young, it’s a good idea to have a power of attorney document in place. It limits or eliminates confusion for caregivers and your family in the event of an accident or illness. Our Marietta power of attorney lawyers can help you get started.
Your document will name an agent you trust to handle your affairs, and create guidelines they must follow while doing so. Update your power of attorney and other documents when your life or circumstances change to make sure they are always relevant.
What Happens if You Don’t Have a Power of Attorney?
If you do not have a power of attorney document in place, and you become sick or injured to the point where you are unable to make decisions on your own, your wishes for who makes choices on your behalf will be unknown. This puts your family and medical facilities in difficult positions.
Your family or other concerned parties may petition the probate court for a guardianship or conservatorship, so they have a say in your care. This is a lengthy and expensive process that can be avoided with wise estate planning and foresight.
Talk to Our Lawyers Who Work With Powers of Attorney in Marietta
Many people don’t like thinking about a time when they are not able to handle their own affairs, and it’s easy to see why. However, proper estate planning can mean the difference between moving into the future with confidence or constantly worrying about what might happen next.
Creating power of attorney documents is a good start, and something competent adults can do at any age. Our lawyers working with powers of attorney in Marietta can help you draft a document tailored to your wishes and answer any questions about your overall estate plan.
For more than a decade, Nelson Elder Care Law has been here to help Georgia families handle whatever life throws at them next. Call today to schedule your free Legacy Planning Meeting and learn more about drafting your power of attorney documents.