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Power of Attorney is a document that outlines an individual(s) that you choose to have power to act on your behalf as your agent to manage property, financial and/or medical affairs.
A common misconception is that this role only comes into play in instances of end-of-life but often, this person or “agent” could have the authority to even handle financial matters within your lifetime on your behalf, if directed.
The Power of Attorney has a very precise outline of the wishes of the party it is applied to. The agent must produce this document in situations where acting on your behalf with the exception of signing checks on your behalf.
Choosing the right agent is definitely a heavy decision for which we are happy to assist you in the process of identifying a trustworthy individual with integrity to fulfill your wishes. There are no special qualifications for this agent however, they cannot be a minor and/or otherwise incapacitated.
Feel free to use the form to request a free consultation or call our office during regular business hours.
At McCarty-Larson, we work with a lot of clients who are going through a divorce. Don’t forget to revise your estate plan at this time. You probably don’t want your ex-spouse to make life or death decisions for you, or to manage your estate. As a good rule of thumb, one should update your will or trust every three years to make sure they take into account changes in your life.
If your family knows in advance that there will come a time when help is needed, because a family member has been diagnosed in the early stages of dementia or Alzheimer’s or some other disabling disease, that family member may want to grant someone the Power of Attorney. This is a simple process that ensures someone can make financial and/or medical decisions when needed.
The ill or disabled person must be of sound mind to make such a decision. If they are not, then legal guardianship is the only tool available to give someone authority to make critical decisions.
Legal guardianship can be controversial if all family members don’t agree on what’s best for the incompetent family member. But it’s also a great gift to know that someone will be there to handle personal and financial affairs so your loved one won’t be unprotected.
The guardianship lawyers at McCarty-Larson have extensive courtroom experience. We will make the case for the best interest of the vulnerable adult or child.