In most circumstances, adults have the legal power to make their own decisions. One of the most important decisions a competent adult can make is to select someone else to take over this power when necessary. The usual way to give another person authority to make decisions for you is to execute a durable power of attorney.
If the power of attorney meets certain requirements, it may continue in effect even though you later become incapacitated. Such a power of attorney is “durable.” Failure to designate another person to make decisions after your incapacity may mean that court proceedings are required. Some powers of attorney are restricted to financial matters, while others give authority to make medical decisions. The latter may sometimes be referred to as “health care powers of attorney,” “medical powers of attorney,” “medical directives,” or the “Advanced Health Care Directive” in California.
A properly drafted power of attorney may preclude the need for court action, and may save substantial legal expense and invasion of privacy in the event of incapacity. The Law Offices of Joseph P. Foley has the experience you need to draft all types of powers of attorney. We can help you determine which Power of Attorney is right for you.