Durable Power of Attorney
The Durable Power of Attorney grants power to another person to
perform business transactions for you if you cannot do so yourself. A
standard Power of Attorney may be terminated if you become incapacitated
or incompetent, but a Durable Power of Attorney endures while you are incapacitated,
until you recover from the disability, or die. At your death, your powers
of attorney are extinguished and your Will dictates your wishes and you
are represented by your personal representative. If you become disabled and do not have a
Durable Power of Attorney, a court may appoint a guardian to act on your behalf. This process can be expensive
and requires on-going accounting to the court by your guardian.
The Durable Power of Attorney can be made effective immediately or only upon you becoming
disabled (mentally or physically). You must have complete trust in the
person whom you give authority to in your Durable Power of Attorney, because once it is effective
this person may immediately perform the functions set forth by the
Durable Power of Attorney. If you make the power effective immediately, you can file the
Durable Power of Attorney with the Register of Deeds, which allows your appointee,
or attorney-in-fact, to undertake real estate transactions on your behalf, including buying and
selling your real property. However, if you make the Durable Power of
Attorney effective upon disability you may run into the situation of whether you are
in fact disabled. If there is any dispute about your disability, then your
appointee may not be able to act for you.
The Upstate Law Group has considerable experience drafting these Powers of
Attorney. Should someone challenge your right to
Health Care Power of Attorney
The Health Care Power of Attorney grants authority to someone to make
medical decisions for you if are unable to do so. The Health Care Power
of Attorney can only
become effective at the time you cannot make decisions for yourself.
Your appointee, or attorney-in-fact, will make medical decisions
considering the wishes you have expressed to them directly and via your
living will. You should name an attorney-in-fact and an alternate
attorney-in-fact in case your primary choice cannot act.
The information you obtain at this site is not, nor is it intended to be, legal
advice. You should consult an attorney for advice regarding your individual
situation. We invite you to contact us and welcome your calls, letters and
electronic mail. Contacting us does not create an attorney-client relationship.
Please do not send any confidential or time-sensitive information to us until such time as an
attorney-client relationship has been established.