Power of Attorney Lawyer Missouri
Powers of attorney are vital components of any estate plan.
If you have appointed an agent by a power of attorney, acts of the agent within the authority spelled out in the power of attorney are legally binding on you, just as though you performed the acts yourself.
The power of attorney can authorize the attorney-in-fact to perform a single act or a multitude of acts repeatedly.
The agent appointed by power of attorney may be any adult, but is often a close relative, lawyer, or other trusted individual. The person appointed does not have to be a resident of the state of Missouri.
Through a durable power of attorney, an agent may continue to act on your behalf even after you have had a stroke or other incapacitating illness or accident. If the power of attorney so provides, the agent can use your funds to pay your bills, can contract for nursing home services for your benefit, and can make basic health care decisions for you.
An aging parent may wish to give a durable power of attorney to a responsible adult child so that the child can act on the parent’s behalf and carry on routine matters in the event the parent is disabled or incapacitated. In many instances, this arrangement is far better than making the child the joint owner of the parent’s bank accounts and other property and assets.
It is possible to create a durable power of attorney so that it will only go into effect when the principal is incapacitated or when some other stipulated event or condition occurs. This is ordinarily called a springing durable power of attorney.
Also, a durable power of attorney may be revoked by the principal at any time, either orally or in writing.
An effective durable power of attorney, and especially a springing durable power of attorney, needs to be very carefully worded and you should seek the assistance of a Power of Attorney lawyer in Missouri. Furthermore, you should use great care in the selection of your attorney-in-fact. Remember, you are trusting not only your property, but perhaps your life, to the person you appoint. Contact Legacy Law Center for more information.
What Should You Look For In A Power of Attorney?
Who you name as a power of attorney is one of the most important medical decisions you can make. This person will have a direct say in your medical affairs should you be unable to decide for yourself. Here are five considerations to make when naming a power of attorney:
- Someone Who Is Close-by and Who Has Enough Time
While your power of attorney doesn’t have to be your neighbor, they should be within close proximity to where you live. Your power of attorney may need to quickly get to the emergency room or hospital if you become incapacitated to make decisions for you. As such, choosing a power of attorney that lives several hours away or in another state probably isn’t the most preferable. Additionally, you should choose someone you know has time to assist.
- Someone Who Is Reliable and Trustworthy
Ideally, your power of attorney will never have to assume their role. Unfortunately, you may find yourself incapacitated, such as being on life-support, and your power of attorney will need to step in. When this happens, you need to know that you can trust your power of attorney to fulfill your wishes properly. They will make decisions that’ll affect the rest of your life and potentially your family’s life.
- Someone Who Knows How To Be Assertive
Dealing with an issue like being on life-support will surely cause emotions to run high. Even family members who would otherwise understand your wishes may suddenly want to go against them. A power of attorney needs to know when to be assertive and be able to communicate your wishes, and not back down from pressure. You don’t want someone who is passive and who will quickly fold under pressure.
- Someone Who Is Effective At Communicating
Of course, choosing someone effective at communicating is another crucial skill. Your power of attorney will need to talk with various parties, including your family members, medical professionals, and maybe even lawyers and the court. You want someone who is articulate and who can remain level-headed, especially under pressure. Who you choose should be able to get their points across in a straightforward manner and ask the right questions. They also need to be decisive and willing to make hard decisions, even if those decisions potentially upset those around them.
- Someone Who Has Some Medical Knowledge
Since your power of attorney is tasked with making difficult healthcare decisions on your behalf, you must choose someone with medical knowledge. No, they don’t need to be a healthcare professional, but they should at least understand how certain medical processes work. Furthermore, they should know when and how to ask certain medical questions. Your Missouri power of attorney should know how to ask questions regarding medical tests, prognosis, procedures, and other vital medical questions. These questions can help them gauge whether or not certain medical actions would go against your wishes. For example, a prognosis that you’ll be incapacitated for a week is very different from a prognosis with no clear end.
