Hi there just so you know I am not a Lawyer I am a Paralegal. So this in no way to be considered as legal advice. Let’s not forget when a lawyer or a paralegal becomes involved your problem becomes an ISSUE.
Side-Note: The person you choose for your Power of Attorney is your agent. That is how they will be referred to in any other legal documents related to your power of attorney.
Okay, let’s talk about the Durable Power of Attorney or P.O.A. The deference between a durable power of attorney and the ones I talked about last week is fairly simple. Once a regular power of attorney has been ended its over you can never use it again. For example you have set up a Health Care Power of Attorney you appoint a special someone to look after you if something bad happens. Then something bad happens and your special someone does step in to look after you and you do get better great happy ending well done… However, 6 months later you are in an auto accident and if you haven’t created a new health care power of attorney. Sorry, your special friend can’t do a thing for you. You are on your own until blood relative gets there. With a durable power of attorney you can set things up so that your special friend can step in no matter how many times you get hurt or sick. But keep their limit their power to only to when you are sick and or injured.
Now, to cover the 2 types of a durable power of attorney. 1st is the medical durable power of attorney. This person is who y
you want making the medical decisions for you when you can’t. 2nd a fiscal durable power of attorney. This Solider handles your money and sees to it that your bills get paid while you are out of it. As I said before a person you give authority too in a power of attorney does not have to be a lawyer. It can be anyone you choose as long as they are of legal age.
Side-Note: Legal age means being old enough to vote, sign a contract and be responsible for you actions. In all the United States this means being at least 18 years old. Old enough to kill or be killed for your country but not old enough to drink.
Just so you know, you can choose just one person to be both your medical and a financial durable power of attorney agent at the same time. Most often though most people don’t.
The fact is a durable power of attorney is a major portion of a Living Will. I will be getting into what makes up a Living Will next week.