WHAT IS A POWER OF ATTORNEY AND DO I NEED ONE? A power of attorney is a legal document that lets you, as principal; appoint someone you trust to handle important financial and legal matters on your behalf, either immediately or in the future if you are unable to make decisions for yourself. Powers of attorney may grant very broad powers to your attorney-in-fact and should not be given lightly and without appropriate limitations. I am now going to briefly discuss two types of powers of attorney that are available in North Carolina. Durable Powers of Attorney Durable powers of attorney continue even if you become incapacitated or mentally incompetent after you execute the power of attorney. Principals have the right to convey durable powers of attorney as long as they include specific language in the document that states your intent that the power of attorney shall not be affected by your subsequent incapacity or mental incompetence or that the power of attorney shall become effective after the principal becomes incapacitated or mentally incompetent or other similar words to that effect. Health-Care Power of Attorney North Carolina also allows people to designate an attorney-in-fact for health care decisions. Health care powers of attorney allow your health care attorney-in-fact to make health care decisions for you to the same extent that you could make those decisions if you had the capacity to make and communicate your health care decisions, including the power to authorize withholding or discontinuing life-prolonging measures and the power to authorize the giving or withholding of mental health treatment. In North Carolina anyone 18 years old or older, who is of sound mind, can grant a health care power of attorney. Should I have a Power of Attorney? This is a personal decision that we all must make for ourselves. However, if you have someone that you trust to handle your affairs, you should consider executing one or both of these powers of attorney if you: - travel or are absent from your home (the State or the Country) for extended periods of time; - are concerned about being able to handle or continue to handle your legal, business or medical affairs; and - want to decide for yourself who will handle your affairs if you become incapacitated or mentally incompetent. If you have any general questions on powers of attorney in North Carolina, post them for all of us to see. If you have specific questions and would like to discuss them in private send me an email or give me a call. Chat with you soon. Charles Charles F. McCoy Oak Ridge, NC [email protected] (336)580-8550 LEGAL DISCLAIMER: THE INFORMATION CONTAINED HEREIN OR IN ANY FOLLOW-UP POST IS GENERAL INFORMATION AND THE OPINIONS OF THE AUTHOR. THIS INFORMATION IS NOT INTENDED TO CONSTITUE LEGAL ADVICE, REPRESENTATION OR OPINIONS AND SHOULD NOT BE TREATED AS SUCH. THE CONTENTS HEREOF ARE PROVIDED WITHOUT ANY REPRESENATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND NO ATTORNEY/CLIENT RELATIONSHIP SHALL BE CREATED THROUGH USE OF THE CONTENTS HEREOF OR ANY FOLLOW-UP POSTS OR DISCUSSIONS CONCERNING THE SAME.
Posted on: Mon, 28 Oct 2013 00:06:13 +0000
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