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Powers of Attorney

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.

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