Durable Power of Attorney and Durable Power of Attorney for Healthcare
We Help You Plan For the Unexpected to Bring Comfort & Security to Your Family
We plan for weddings, parties and vacations. People sometimes even plan when they would like to start a family or what trajectory they would like for their careers. However, few plan for serious and unexpected accidents or illnesses that can rob a person of his or her consciousness, ability to think clearly, and/or ability to make rational and independent decisions. A person in such a situation may need money moved from one account to another quickly or may need to make certain arrangements with his or her business. How are such tasks accomplished when the person is nonresponsive or not in a state to make such decisions?
A durable power of attorney is the answer. Through this document one person can nominate another person to make important decisions for him or her if he or she becomes incapable of making these decisions on his or her own. The Tennessee law firm of Douglass & Runger, PLLC, Attorneys at Law, is available to assist you in drafting this vital document.
What Can a Durable Power of Attorney Do for You?
A durable power of attorney grants another person (your “power of attorney”) the ability to make important decisions on your behalf. The power of attorney has as much or as little power as you specify: while some powers of attorney give one person the ability to make personal financial, business, and any manner of other decisions on behalf of the other, other powers of attorney are granted only limited authority.
A “durable” power of attorney goes into effect when you specify and remains in effect thereafter unless revoked or upon your passing. Therefore, it is important that you specify an appropriate beginning point for your durable power of attorney. A durable power of attorney can begin:
- Upon the loss of consciousness of the person making a durable power of attorney;
- Upon a certain diagnosis concerning the person’s mental capacity being made by one or more doctors; or
- Any other time the person making the power of attorney chooses.
Without a durable power of attorney in place, it can be difficult (if not impossible) for family members or friends to make certain financial, medical, and other decisions on behalf of the individual – even if these decisions must be made and are pressing in nature. A durable power of attorney provides not only the clarification as to who should be permitted to make these decisions but also (and more importantly) the legal authority for that person to make these decisions.
Do I Need an Attorney to Assist Me in Making a Durable Power of Attorney?
You do not need an attorney to create a durable power of attorney for you. In fact, the law only requires that your durable power of attorney be witnessed by two witnesses and notarized. However, there are many benefits to having a Tennessee lawyer create a durable power of attorney on your behalf, such as:
- The attorney has likely drafted these documents before and knows how they ought to be constructed and formatted;
- The attorney will likely have access to witnesses and/or a notary so your durable power of attorney can be signed quickly; and
- Most importantly, the attorney will likely speak with you about your specific situation, circumstances, and concerns and can make you think about areas of your life for which you may not have considered needing a power of attorney. Your attorney can then craft an individually-tailored document that represents your precise wishes.
Call a Seasoned Memphis Durable Power of Attorney Lawyer Today
The team of dedicated lawyers at Douglass & Runger, PLLC, Attorneys at Law, are ready and able to assist you in planning for the unexpected and providing comfort and security to your family and loved ones during life’s most troubling times. Call them today at (901) 388-5805 for assistance in creating or modifying your durable power of attorney.