No one plans on becoming incapacitated or severely ill, but if it does happen, are you prepared to have someone make medical decisions on your behalf? If you have a power of attorney or living will, your wishes will be known by your friends and family, and they will not have to experience the torment of debating what should be done in regards to your quality of life. A living will is a legal document that a person creates in order to make certain medical decisions known if a life-threatening illness or injury should occur.
It is not to be confused with a living trust, which holds and distributes a person’s assets to avoid the probate process. It should discuss life-prolonging treatments, and which treatments should apply to you if you suffer from a terminal illness or enter a permanent vegetative state. A living will is not valid until such an event should happen, and it must be certified by your doctor and another physician before becoming valid, as well. If you wish to create a living will or power of attorney, contact me, a Canton, Ohio, probate attorney.
A durable power of attorney is the most common type of power of attorney, and it is a document that appoints a certain person to act on another person’s behalf should they become incapacitated. A regular power of attorney can be revoked or end if you should become incapacitated or die, but a durable power of attorney allows the agent, or person you chose to carry out your power of attorney, to continue if you become incapacitated. This means that your agent can continue to manage your financial affairs without court involvement. There are two types of durable powers of attorney- springing and immediate. An immediate power of attorney becomes effective as soon as it is created, while a springing power of attorney only comes into effect when a certain event happens, such as a serious injury or illness. Durable powers of attorney are most commonly used to deal with property management or health care decisions. They are no longer valid when the person who created the durable power of attorney dies.
My team has the ability to create a power of attorney, as well as construct a living will. If neither of these documents exist, and you become incapacitated or severely ill, the court process to make medical decisions on your behalf may take months. I may be able to create a living will for you that clearly states your medical wishes should something happen. Together, we can also write a power of attorney, and chose the best agent to represent you and your decisions. Please contact my firm to learn how I can help with your estate plan.
