Who is a durable power of attorney

Technically, you could -- but it isn't a good idea. Making separate documents will keep life simpler for your agent and others. For example, your health care documents are likely to be full of personal details, and perhaps feelings, that your financial broker doesn't need to know. Likewise, your health care professionals don't need to be burdened with the details of your finances. That said, even though you should make separate power of attorney documents for health care and finances, it makes a good deal of sense to name the same agent under both documents.

If not, you must be sure to name people who will work well together. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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Grow Your Legal Practice. Meet the Editors. Understand medical and financial powers of attorney and why you need to prepare both. Create Your Power of Attorney Today! What Is a Power of Attorney? Medical Power of Attorney A medical power of attorney is one type of health care directive -- that is, a document that set out your wishes for health care if you are ever too ill or injured to speak for yourself. Financial Power of Attorney A financial power of attorney is a power of attorney you prepare that gives someone the authority to handle financial transactions on your behalf.

Why You Need Separate Documents for Medical Care and Finances You may wonder why you can't cover health care matters and finances in just one power of attorney document.

A power of attorney allows someone else to handle financial or healthcare matters on your behalf, and California has specific rules about types and requirements. You know having a last will is important—it protects your family and provides for your final wishes. Now that you're finally sitting down to write that will, be on the lookout for these common but easy-to-avoid mistakes. The "next of kin" concept isn't complicated, but it does vary by state and also determines who inherits if you die without a will.

Living Trusts. Find out more about pour-over wills, how they help you, and more. Determining whether an estate has assets that are not subject to probate can save you time and money. Here are several types of assets that qualify as non-probate assets.

What Is a Durable Power of Attorney? Power of Attorney vs. Durable Power of Attorney A power of attorney allows someone else to handle your legal, financial, or medical matters. General Durable Power of Attorney Definition A general durable power of attorney both authorizes someone to act in a wide range of legal and business matters and remains in effect even if you are incapacitated.

An attorney-in-fact can handle many types of transactions, including: Buying and selling property Managing bank accounts, bills, and investments Filing tax returns Applying for government benefits If you become incapacitated and don't have a general durable power of attorney, your family may have to go to court and have you declared incompetent before they can take care of your finances for you.

Durable Power of Attorney for Healthcare A durable healthcare power of attorney is useful when a medical emergency leaves you unconscious or otherwise unable to make choices about your care. About the Author Jane Haskins, Esq. Related Topics. Facebook Twitter. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of the author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.

You may also like. Family Law Basics How to Sign as Power of Attorney When you sign as someone's power of attorney, you must note that you are legally signing on their behalf.

Estate Planning Basics The Top Three Ways to Avoid Probate By drafting a living trust, designating beneficiaries, and holding property jointly, you may be able to avoid probate. Last Wills Property You Should Not Include in Your Last Will You want to make sure you have all your assets covered, but did you know that not all property can be bequeathed through a last will and testament? The law defines two types of durable power of attorneys.

Within the legally binding document signed outlining this appointment of an agent, it will list specifically what the individual can do and what he or she cannot do. A power of attorney for healthcare is very common.

It gives an agent the ability to make health-related decisions on behalf of the senior. This may include what type of health care is given, what medications are given, and what end of life decisions are made.

The second type is a power of attorney for finances. This person often handles the legal and financial decisions for the senior. One person can hold both positions. Remember, if you cannot do so yourself, and you do not have a durable power of attorney, key legal actions cannot happen. Without a POA, Medicaid planning, check writing for bills, and important healthcare decisions are not being made on your behalf according to your wishes.

When you have this person assigned, you are better able to maintain some level of control of who will make these decisions for you.

Otherwise, the state may appoint someone to make such decisions based on your heirs or your marital status. The term power of attorney, which is most commonly referred to, is a legal document that gives someone else the ability to make decisions or take actions for you. Some are labeled as a durable power of attorney. This remains in effect if you become incapacitated and unable to make decisions for you. Rather, the power of attorney remains in effect only until you become incapacitated.

At that time, it ends.