Powers of Attorney: An Essential Planning Tool
Complete Your Estate Plan with a Power of Attorney
Discover comprehensive estate planning solutions at Herrig, Vogt & Hensley, LLP. Our skilled estate planning lawyers offer a wide range of services, including wills, trusts, and power of attorney documents. Safeguard your future by understanding the significance of a power of attorney and ensure that your wishes are protected even if you are unable to communicate them.
Understanding the Power of Attorney
A durable power of attorney for finances is a crucial legal instrument that empowers another person, known as the attorney-in-fact, to act on your behalf in financial matters. It grants them authority over various tasks, such as:
Real estate transactions
Bank account management
Bill payments
Tax filings
Investment management
Applying for public assistance benefits
With a power of attorney, you have the flexibility to customize its provisions according to your needs. You can grant extensive powers to your attorney-in-fact or specify limited powers for specific actions. Additionally, you can define the duration and scope of the power of attorney, whether it takes effect immediately or upon incapacity. For estate planning purposes, a durable power of attorney is commonly used, activating only in case of serious illness or injury-induced incapacity.
Preparing a power of attorney can spare your loved ones from potential conflicts and alleviated stress associated with determining estate control. By avoiding conservatorship proceedings, you can protect your estate's assets and ensure that a trusted individual of your choosing assumes responsibility during your incapacity, rather than leaving it to the court's decision.
Advanced Health Care Directive and Litigation Support
Apart from a durable power of attorney for finances, we also assist clients in creating advance health care directives. This document enables you to appoint an agent who will make decisions regarding your medical treatment if you become incapacitated.
In situations where an attorney-in-fact is mismanaging the personal estate of a friend or family member, our team can provide legal support. If evidence reveals misconduct or a violation of the power of attorney terms, we can guide you through the process of filing a petition in probate court. The court may take corrective action, potentially removing the attorney-in-fact from their fiduciary role. Similarly, if an attorney-in-fact faces challenges in getting the power of attorney recognized, we can help file a petition to resolve the issue.
For all your power of attorney needs, from drafting to legal resolutions, trust the expertise of our estate planning attorneys. Contact us today for assistance in securing your future.