Healthcare Power of Attorney
With age comes a change to both your mental and physical state. As we age the chances of contracting a serious disease or illness increase. Sudden changes to a person's health like heart attacks, heart failure or stroke become all too common. It is important to be prepared. In those crucial moments of illness it is important that you understand that your family cannot automatically make healthcare decisions for you. In order for these significant decisions to be made on your behalf you must have a Healthcare Power of Attorney.
When you cannot make health care decisions for yourself a Healthcare Power of Attorney can make medical decisions for you. With this document in place your family or patient advocate has legal authority to make health care decisions for you. Without a Healthcare Power of Attorney, if you become ill the courts are the last resort for making your healthcare decisions. The court will appoint a guardian to make healthcare decisions for you.
Durable Power of Attorney for Finances
A Durable Power of Attorney for Finances is similar to a Durable Power of Attorney for Healthcare except that instead of dealing with health issues the advocate manages your money. Most clients will have these documents drafted at the same time. It is important to note although they can be created at the same time the two must be separate documents by state law.
If you are sick and become unable to manage your money, a well drafted Durable Power of Attorney for Finances will save you from going through probate court if you have to do nursing care or Medicaid planning. If you don not have a Durable Power of Attorney for Finances and fall ill, the courts will appoint a conservator to manage your finances.