A durable power of attorney allows you to plan for the future of your personal finances and health. If you are unable to make decisions about your medical or financial affairs due to aging, injury, or illness, this legal document specifies who should step into your shoes regarding these decisions. Find out how this process benefits both you and your family. 

What a Durable Power of Attorney Entails

A durable power of attorney grants legal authority to control your financial or medical decisions to a spouse, close relative, or another companion you trust. This person is your designated “agent” or “attorney-in-fact.”  

You can choose to have the document take effect as soon as you sign it or only once a doctor has certified you as incapacitated. During the drafting process, specify that you want it to be labeled “durable;” otherwise, it will automatically become defunct if you are incapacitated. 

Once the document is validated, the agent can take control of a range of financial and health-related decisions. They have the authority to use assets to pay for everyday expenses, file your taxes, and collect Social Security or Medicare benefits. When it comes to health care, they could make decisions about routine care and more serious issues like whether to maintain life support. 

Why You Want a Power of Attorney 

Having a power of attorney spares your loved ones many difficult choices. They know who you trust with important decisions and can be sure your wishes are fulfilled. It also gives you peace of mind knowing that your family will be taken care of if you become incapacitated.

Always have a lawyer handle your power of attorney to ensure the document meets state guidelines and are legally binding. Revisit it annually to ensure your agent still reflects your current wishes. For instance, if you divorce and remarry, then you will likely want to grant your new spouse power of attorney.

For help drafting a power of attorney paperwork in the Rochester, NY, area, trust Louis C Noto. This lawyer has been practicing for more than 48 years and is highly knowledgeable of New York’s requirements for cases ranging from estate planning to personal injury. He goes above and beyond for clients and will even come to you if you are unable to travel. Find out more about his services online, and call (585) 232-1815 to request a consultation.