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What are Powers of Attorney?

One of the most common inquiries we receive, both online and in person, pertains to Medical and Financial Powers of Attorney. Frequently, individuals with aging or unwell parents, or parents of teenagers turning 18 and relocating from home, reach out for guidance. Many are unfamiliar with these documents or uncertain about how to initiate the process.

We are always pleased to elucidate how, with powers of attorney in place, they can better care for their loved ones or teens. Having these documents can alleviate significant concerns and reduce the time spent resolving daily medical or financial issues.

Powers of Attorney, Defined

A power of attorney is a written document granting an individual the authority to act on your behalf. The scope of this power can be specific to certain activities (e.g., closing the sale of your home) or general, covering a range of legal and financial matters. The document can specify whether the powers take effect immediately or upon the occurrence of an event. Generally, powers of attorney terminate upon the grantor’s death, and unless durable, they terminate if the grantor becomes incapacitated. Both financial and medical powers of attorney operate in this manner, utilizing separate documents.

Medical Power of Attorney and Living Will

A Healthcare Power of Attorney designates a trusted agent to make medical decisions on your behalf when you cannot. This person should be someone you trust to carry out your specific wishes, especially if disagreements arise.

In San Diego, we strongly recommend a second document called a Living Will. This document specifies the types of medical treatment you desire or do not want in certain situations, addressing scenarios often depicted on TV medical shows involving prolonged comas or requests not to be resuscitated (a DNR). Unfortunately, these situations occur in real life when these documents are absent, adding stress to an already challenging time.

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