A power of attorney is a document that becomes crucial in situations where you are no longer able to make important decisions for yourself. This might occur after a traumatic injury or disabling illness. With one of these documents in place, you can have a chosen representative make vital choices on your behalf.
When you are considering this approach, a St. Peters power of attorney lawyer can help. Being prepared for the future is critical, and this option allows you to live with the peace of mind that you have chosen an advocate should you need one in the future. Let a dedicated estate planning attorney advise you of your options.
Drafting a Power of Attorney
An individual creates a power of attorney when they appoint someone else to represent them when they are incapacitated. The chosen party is known as the “attorney-in-fact,” and they act as an agent for the creator of the document.
State law is flexible when it comes to giving another person the right to make these decisions, but there are limitations. Certain behavior is not allowed, including an attorney-in-fact making changes to a person’s will.
Most people qualify to serve in this position. The law only requires that a proposed attorney-in-fact be at least 18 years old and of sound mind. A few other limitations apply in specific circumstances, like the ban on a primary physician serving in this role for their patient. A lawyer in St. Peters could provide insight into the other parties who are disqualified from being granted power of attorney.
Understanding the Available Options
Many different types of powers of attorney are available under state law, and a St. Peters lawyer can assist with drafting any of them. They include:
General Power of Attorney
This document provides broad powers to the attorney-in-fact, such as control over financial accounts and investments. Given the scope of their influence, it is vital to only appoint a person of trust to this role.
Special Power of Attorney
This option is limited in scope and frequently used for specific transactions. Instead of granting another person a broad range of authority, these documents only give the attorney-in-fact limited power to take certain actions.
Medical Power of Attorney
Also known as a healthcare proxy, this document empowers another person to make important health decisions for someone who is unable to do so on their own. They have the right to communicate with the principal’s doctors or to see medical records. This authority can be granted to the same person with a general power of attorney.
Springing Power of Attorney
This option is triggered by certain events. Instead of immediately going into effect, it might only become active after an individual becomes incapacitated. It is helpful in that it leaves the ability to make decisions in the hands of a principal until the last moment.
Discuss a Power of Attorney with a Lawyer in St. Peters Right Away
It is never easy to think about the future, especially one where you are not in full control of your faculties, but naming an attorney-in-fact now could ensure your wishes are honored in the future. When you are ready to discuss your options, reach out to a St. Peters power of attorney lawyer for a private consultation.