Power of Attorney Lawyer in Georgia Helping You Prepare for the Future
No one likes to think about a time when they may not be able to make decisions for themselves, but the truth is that this does happen. It’s more common in older individuals, but it can also happen if you are in a car wreck or experience another type of medical emergency that leaves you unable to make decisions for yourself. Find out what a power of attorney does and how it can help in these situations below.
If you need help creating a power of attorney or have other questions about how to take care of your estate planning needs, Lunn Law LLC can help. Call our office to schedule a consultation with one of our experienced attorneys. We can discuss your goals with you and help you create a plan that ensures you’re covered.
What Is a Power of Attorney?
A power of attorney is a legal document that gives someone else the authority to act and make decisions on your behalf. While this may not be something that’s pleasant to think about, it is possible that there may come a time when you are not physically or mentally able to make good decisions for yourself. By proactively creating a power of attorney, you can ensure that the person you want is tasked with making those decisions and have a better chance of your wishes being carried out even if you aren’t able to speak for yourself.
What Are the Different Kinds of Powers of Attorney?
There are a few different types of powers of attorney to be aware of:
- Financial power of attorney. This gives someone else the ability to make financial decisions on your behalf. This can include access to your accounts, writing checks, making deposits, and making purchases.
- Medical power of attorney. Someone who has medical power of attorney is able to make decisions about your health care — but only if you are no longer able to make them yourself. This could happen if you were to be incapacitated in some way, such as be in a coma, or if you no longer have the mental faculties to be able to make decisions, which is more common in older people who have dementia or related health conditions.
- Durable power of attorney. This gives the person named the ability to operate on your behalf in all areas. A durable power of attorney doesn’t have a specific term length and is ongoing until it is revoked.
- Nondurable power of attorney. This option gives someone power of attorney over your affairs for a limited amount of time. The power of attorney specifies when it activates and for how long the person has decision-making power. When the time period is over, the power of attorney also expires.
Some people choose to have multiple powers of attorney so that they can name different people in charge of different aspects of their lives. If you have questions about which of these you may need, talk to an attorney.
What Are the Benefits of Having a Power of Attorney?
One of the biggest benefits of having a power of attorney is that you are able to choose who will make decisions for you. If you become incapacitated or otherwise unable to make your own decisions and you don’t have a power of attorney, the courts will appoint someone to act on your behalf. And it could be someone you would rather not have made those decisions.
Another benefit of having a power of attorney is that it ensures that everyone understands what is supposed to happen if you are unable to make your own decisions. You can discuss what decisions you would prefer to be made with the person named in the power of attorney so that they have a better idea of what you want and you can have the peace of mind that your affairs will be cared for if you are unable to do so yourself.
Can I Make Changes to a Power of Attorney?
It’s not uncommon for family dynamics or relationships to change as time passes, and you may find that the person you named when you created your power of attorney is no longer the most suitable person. For example, if you were single at the time the power of attorney was created, you may have chosen a sibling or close friend, but now, you may prefer to name a spouse or adult child. You may also wish to revoke a power of attorney completely.
All of these are possible to do, but it’s important to talk to an attorney to ensure that the changes are completed correctly and in accordance with the proper procedures. This can help ensure that any active power of attorney is terminated, and the person you want to add instead has the proper authority.
Giving others the power to make decisions about you is hard, but if it’s done properly, it can help ensure that your wishes are carried out if you are unable to make your own choices. To find out more about why you need a power of attorney and take the first toward creating one, call Lunn Law LLC at 770-762-4628.