Whereas a Last Will and Testament takes effect at the time of death, a Power of Attorney (“POA”) takes effect in the event of your incapacity. Incapacity occurs when you are unable to make a decision, or sign a document on your behalf, for medical or other reasons.
Your POA document gives your selected attorney the power to act in your place, pursuant to the Provisions of the Substitute Decisions Act.
There are two main categories of POAs, namely: 1) The POA for Personal Care; and 2) The POA for Property.
A properly drafted Power of Attorney's also makes provisions for:
The POA for Personal Care gives your attorney the authority to make decisions on your behalf which relate to your health, in the event of your incapacity.
For instance, with this document, in the event of your incapacity, your attorney can provide your physician with the consent required for a particular medical procedure. Your attorney could also instruct your physician not to undertake “heroic” measures to prolong your life if there is no likelihood of you being able to enjoy a reasonable quality of life in the future.
The POA for Property gives your attorney the authority to make decisions on your behalf which relate to your property, in the event of your incapacity.
For example, your attorney can sign documents which may be required to ensure your financial obligations are met during your incapacity. In this example, your attorney could contact your credit card issuer and confirm the amount owing. He or she could then attend your bank and ensure that the monthly payment is made.
Please contact us so that we may send you our Will and Power of Attorney questionnaire, which will also set out our fees. Upon receipt of the completed Will and Power of Attorney questionnaire, we will contact you to schedule a meeting.
Typically, only one meeting is required.
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