POWER OF ATTORNEY
A Power of Attorney is a legal document. It gives an individual the authority to appoint a person or organization to manage the legal affairs of their estate when the particular person is not available to do so.
Durable Power of Attorney
A “Durable” Power of Attorney is often chosen as a way to plan for those times when you are incapacitated. If you become mentally incompetent while you have a power of attorney document in effect, a durability provision will allow the document to stay in effect.
You can also sign a durable power of attorney document to prepare for the possibility that you may become ill or in an accident. The power of attorney document will not go into effect unless a doctor certifies that you are not mentally capable.
Furthermore, you can specify the name of a Doctor and require that a second opinion be established by another Doctor, whereas, the two must agree on the diagnosis of your mental state.
You do not have to choose an attorney to be your agent, but it is important to select someone you totally trust with your affairs.
This individual will be acting on your behalf regarding financial or health care matters. Choose someone who will not abuse the power you are therefore granting them and who will look out for your best interest at hand.
A Durable Power of Attorney powers ends at the time of death. the power is not meant to provide a legal means for planning a funeral or cremation arrangements or the distribution of assets after death occurs.