General Durable Power of Attorney
(for Business)
A durable power of attorney (POA) is one of the most important and powerful legal
documents that everyone should have as part of their estate plan. If you should become mentally
incapacitated or physically disabled, it allows you to appoint someone to take control of your
financial affairs that you usually take care of yourself, and eliminates the necessity of a
guardianship or conservatorship. This document allows your attorney-in-fact (your agent) to
handle your affairs without the necessity of formal guardianship proceedings, thereby saving
expenses and emotional energy, and retaining privacy.
You retain the right to modify or revoke the power at any time, and it terminates
automatically on your death. The appointed individual or attorney-in-fact typically has the power
to buy or sell real estate, manage your property, conduct your banking transactions, invest your
money, make legal claims, conduct litigation, attend to tax and retirement matters, and make gifts
on your behalf.
Medical Power of Attorney
(for Health Care and Access to Health Care Information)
A Medical Power of Attorney (MPOA) is a document, signed by a competent adult, i.e.,
"principal," designating a person that the principal trusts to make health care decisions on the
principal's behalf should the principal be unable to make such decisions. The individual chosen to
act on the principal's behalf is referred to as an "agent." An agent may make health care
decisions on the principal's behalf only if the principal's attending physician certifies in writing that
the principal is incompetent. An agent cannot override the principal’s wishes regarding what
treatment may not be given to or withheld from the principal if the principal objects -This is true
whether or not the principal is incompetent.
If properly drafted, the MPOA also allows the agent to obtain medical information which is
otherwise protected under HIPPA requirements.
(for Business)
A durable power of attorney (POA) is one of the most important and powerful legal
documents that everyone should have as part of their estate plan. If you should become mentally
incapacitated or physically disabled, it allows you to appoint someone to take control of your
financial affairs that you usually take care of yourself, and eliminates the necessity of a
guardianship or conservatorship. This document allows your attorney-in-fact (your agent) to
handle your affairs without the necessity of formal guardianship proceedings, thereby saving
expenses and emotional energy, and retaining privacy.
You retain the right to modify or revoke the power at any time, and it terminates
automatically on your death. The appointed individual or attorney-in-fact typically has the power
to buy or sell real estate, manage your property, conduct your banking transactions, invest your
money, make legal claims, conduct litigation, attend to tax and retirement matters, and make gifts
on your behalf.
Medical Power of Attorney
(for Health Care and Access to Health Care Information)
A Medical Power of Attorney (MPOA) is a document, signed by a competent adult, i.e.,
"principal," designating a person that the principal trusts to make health care decisions on the
principal's behalf should the principal be unable to make such decisions. The individual chosen to
act on the principal's behalf is referred to as an "agent." An agent may make health care
decisions on the principal's behalf only if the principal's attending physician certifies in writing that
the principal is incompetent. An agent cannot override the principal’s wishes regarding what
treatment may not be given to or withheld from the principal if the principal objects -This is true
whether or not the principal is incompetent.
If properly drafted, the MPOA also allows the agent to obtain medical information which is
otherwise protected under HIPPA requirements.
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| Texarkana, Texas 75505-6063 | |
| (903) 223-5653 - Telephone | |
| (903) 223-5658 - Facsimile | |
| admin@rossandshoalmire.com | |
| Estate Planning and Elder Law |
Powers of Attorney
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| Immediate access to your powers of attorney and medical information is extremely important. That's why at Ross & Shoalmire we make your records available 24/7 through the Docubank Service. |
| If you would like to learn more about Powers of Attorney or how to obtain 24/7 access to your documents, please give us a call. |