When you need a durable power of attorney, an elder law attorney may be the best person to talk to. Elder law attorneys manage a variety of documents related to situations that may arise in the lives of seniors.
Here's what you need to know about hiring an elder law attorney to complete this task.
What Is a Durable Power of Attorney?
A durable power of attorney is a legal document that allows someone else to have the authority to make decisions for you. This can be used in the event that you become incapacitated and are unable to make decisions for yourself.
The person you appoint to this position is known as your "attorney-in-fact." This individual will have the power to make financial and legal decisions on your behalf.
Why Would You Need a Durable Power of Attorney?
There are many reasons why you may need to appoint a durable power of attorney. For example, if you become seriously ill or injured, you may be unable to make decisions for yourself.
A durable power of attorney can also be used if you are going to be out of the country for an extended period of time and need someone to handle your affairs in your absence.
How Do You Create a Durable Power of Attorney?
If you're interested in creating a durable power of attorney, you'll need to hire an attorney. An elder law attorney can help you draft this document and ensure that it is legally binding.
When you meet with an attorney, you'll need to provide them with information about your finances and the types of decisions you want your attorney-in-fact to be able to make on your behalf.
You'll also need to choose someone you trust to be your attorney-in-fact. This should be someone who is responsible and has your best interests at heart. This should be somebody you trust completely, like a spouse, child, or close friend.
What Are the Risks of Not Having a Durable Power of Attorney?
If you don't have this document, there's a risk that your affairs will not be managed in the way you would like. For example, if you become incapacitated, your family may have to go to court to appoint a guardian for you.
This can be a lengthy and expensive process. Additionally, there's no guarantee that the person your family chooses will be someone you would have chosen yourself.
Hire an Elder Law Attorney to Manage Your Concerns
If you're worried about what would happen to your affairs if you become incapacitated, an elder law attorney can help. An attorney can draft a durable power of attorney on your behalf. Meet with an attorney to begin this process.