A properly drafted power of attorney document can, among other things, help avoid the costs and complexities of a conservatorship in the event of your incapacity and will allow your agent to handle your affairs for you if you are physically or mentally unable to do so. This type of document can have broad, sweeping effect and should only be prepared with the assistance of an attorney.
Oftentimes we have seen clients who have attempted to draft their own power of attorney documents or who have purchased pre-written form documents. While homemade documents and commercially prepared form sometimes “work” all too often we have seen litigation arise due to incomplete forms or vague statements of intent. A properly prepared general power of attorney form, signed and notarized including proper language and statements of intent is the best way to avoid uncertainty and minimize the possibility of a dispute in future years.
With a properly prepared advance health directive, you can legally state your intentions concerning your medical care and any end-of-life requests in the event you are unable to do so on your own. You can designate an agent to act on your stated wishes, communicate with your physicians and review your medical records with your authorization in the event of your incapacity. Without an advance directive you could become subject to conservatorship proceedings at far greater cost and uncertainty in outcome.
We have a combined 47 years of legal experience, including experience involving powers of attorney advance health care directives, and related documents. We offer one or more such documents with every estate plan we develop.