Dealing with legal issues of a family member or for yourself can be quite perplexing, especially when dealing matters such as the estate, a will, a trust or power of attorney. The power of attorney can typically be a difficult transition to handle, especially if the person for whom you are getting the power of attorney does not agree to it. However, the case may be that you actually have to enforce power of attorney, such as in cases of mental incompetency. For such a matter, you will need a Power Of Attorney Lawyer.
What exactly does “power of attorney” empower you to do? It authorizes you to make all important legal decisions for the principal or donor. You become the agent of that person. It is important to know what type of power of attorney you operate in, which is particular to the state. Powers of attorney can be oral or written. Some are called “durable powers of attorney.” These types are so because normally if the grantor (principal or donor) becomes incapacitated or dies, the power of attorney is void. The only way to ensure that the power of attorney does not change is to create a durable power of attorney.
It is also imperative that this kind of agreement is set in motion while the grantor is in the state of mind to do so. If the grantor fails to do so and is no longer mentally competent to set up the power of attorney, a guardianship will have to be created through the imposition of the court. Seeing how the process can become complex, you should see how necessary it is to see a Power Of Attorney Lawyer right away to ensure that all legal matters will be properly attended in the event of the grantor’s incompetent state.
Mark Aberasturi is an attorney in Goshen, New York who has been providing estate and probate solutions for his clients for many years. He advises clients also on Medicaid and Medicare matters, and is a member of the National Academy of Elder Law Attorneys. If you would like to seek his advice on probate, power of attorney and other estate matters, visit the website.
