Creating a Power of attorney is a legal process that is designed to protect individuals who are no longer able to make sound decisions for themselves, or to handle situations when someone is unavailable. It allows a designated agent to make legal decisions for a mentally incompetent who is suffering from afflictions such as a coma, dementia, or extreme sickness, or an unavailable individual . However, there are different powers of attorney that perform different functions, so lawyers recommend understanding the reasons for using each one.

Different Types of Power of Attorney

1. Durable

This is the most wide-ranging service an attorney can set up for an individual, and it can be used to make legal decisions for a person who is incapacitated or unavailable. The agent has the authority to make fiduciary financial decisions on behalf of the principal, such as having an offspring managing finances of a parent or a spouse sign documents for someone deployed in the . However, that power continues to remain in effect even when the principal becomes incapacitated and can no longer make legal decisions themselves.

2. Non-Durable

Non-durable power of attorney is designed for a specific instance rather than a long-term legal plan, and it’s usually valid if the principal is deemed legally incompetent. It’s used when a person needs a representative to act on their behalf because of an inability attend themselves. This includes signing legal documents to start a new job, sell or purchase real estate, or get an apartment in a different city, and it ends as soon as the deed has been done.

3. Medical

When a person wants to ensure they get the medical treatment they desire when unable to make their own legal decisions, they have their estate planning attorney set up this arrangement. It’s particularly important in medical emergencies or end of life care scenarios. This is because the agent is able to advocate on behalf of the patient to dictate how the presiding physician will administer treatment options. A common situation this is used for is deciding whether or not to keep an individual on life support.

4. Springing

These arrangements are similar to a durable option, but it only comes into effect when the principal is deemed to be legally incompetent. The agent can make legal decisions regarding the principal’s finances and healthcare options upon incapacitation. Additionally, there are typically provisions included in the legal documents to clearly outline the term. It’s common that two or more doctors must agree upon the designation or that the court must agree before handing over the power.

 

No matter what type of power of attorney you need, the legal experts at Pepping, Balk, Kincaid & Olson, Ltd. in Silvis, IL can help. Their team has over 75 years of combined experience, so they know how to navigate tricky legal circumstances. They’ll work with you to find the best option for your unique needs, so you know you have the necessary legal protection in any situation. Call (309) 755-5096 to schedule a free consultation, or learn more online.