What is a Power of Attorney?

A Power of Attorney is a legal document that allows you to designate someone else to make decisions on your behalf if you’re unable to do so yourself. This person, known as your "attorney-in-fact" or "agent," can be empowered to handle various responsibilities, depending on the type of POA you establish.

When planning for your future, one of the most crucial documents you can have is a Power of Attorney (POA). You might think, “I’m in great health; I don’t need a Power of Attorney right now,” but life can be unpredictable. Having a POA in place is essential, not just for yourself but for your loved ones who might need to step in and help manage your affairs.

Types of Power of Attorney

There are two main types of Power of Attorney that everyone should consider:

Healthcare Power of Attorney

This document allows you to designate someone to make decisions about your medical care if you are unable to do so. Your agent will have the authority to speak with healthcare providers and make decisions that align with your wishes.

Durable Power of Attorney (for Business/Financial Matters)

This document gives your agent the power to manage your financial affairs, such as accessing your bank accounts, paying bills, or making investment decisions. Choosing someone you trust is important, as this person will have significant control over your finances.

Why You Need a Power of Attorney

Many people don’t realize how important a Power of Attorney is until it’s too late. If a loved one becomes incapacitated and there’s no POA in place, you could face challenges in dealing with medical providers, banks, and other institutions that require legal authority to act on someone else’s behalf. With a POA, your agent can seamlessly step in and make critical decisions without the need for court intervention, saving time and avoiding unnecessary stress during difficult times.

Choosing Your Agent

Choosing the right person to act as your agent is crucial. This individual will have significant power over your health and financial decisions, so make sure it’s someone you trust completely. It’s also a good idea to discuss your wishes with them in advance so they know how you would want decisions to be made on your behalf.

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Related Practice Areas

Durable Power of Attorney
Create a Durable Power of Attorney in Memphis. Our experienced attorneys guide you in securing your future by granting trusted individuals legal authority.
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Estate Planning
Estate planning may sound complicated, but at its core, it’s about making sure your wishes are followed and your loved ones are cared for when you’re no longer able to do so. It includes creating essential documents like Wills, Trusts, and Powers of Attorney and implementing strategies to minimize taxes and streamline the process for your family.
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Estate Planning for Business Owners
Protect your business with tailored estate planning in Memphis. Our attorneys help you secure your company's future and ensure your wishes are honored.
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Living Wills
A Living Will ensures your healthcare wishes are respected if you’re unable to make decisions yourself. It helps your family avoid difficult guesswork and provides peace of mind during emotional times.
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Irrevocable Living Trusts
An Irrevocable Living Trust is a powerful way to protect your assets and ensure your loved ones are taken care of. Unlike other trusts, it can’t be easily changed once created — making it a secure way to lock in your wishes.
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Special Needs Trusts
A Special Needs Trust ensures your loved one with special needs has the financial support they need without risking their access to crucial benefits. It’s a way to provide care, security, and peace of mind for the future.
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Revocable Living Trusts
A Revocable Living Trust lets you stay in control of your assets while making things easier for your loved ones after you’re gone. It helps your family avoid probate, keeps your estate private, and gives you the flexibility to make changes as life evolves.
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