A power of attorney, sometimes called a durable power of attorney or general power of attorney, is an important document in which you appoint a person or persons to act on your behalf. There are different types of power of attorney forms, so you should speak to an attorney in Raleigh NC to determine what is right for you.
If a person becomes incapacitated or is deemed to be incompetent by a court of law, an attorney in fact named in your power of attorney can care for you and your assets. But it must be executed prior to such incapacitation.
In cases where incapacitation occurs and there is no power of attorney, a hearing must be held before the Clerk of Court and a guardian will be appointed. With guardianships involving money or property, the guardian is required to first post a bond, which can be fairly expensive, and must file annual accountings with the clerk of court which also comes with court filing fees. Having the right power of attorney in place you can easily avoid the extra expenses and oversight by the court in your private affairs.
A healthcare power of attorney is also helpful in the case of incapacitation. Should you require medical attention and are unable to communicate your wishes or consent with the medical providers, a guardian will need to be appointed to make your medical decisions for you. This creates delays which can ultimately be harmful to your well-being. By having a trusted person to act as your power of attorney they will be able to make the necessary medical conditions and express your interests to the hospital and doctors.
The necessity of a power of attorney cannot be overstated. The protection of your money and property, and peace of mind knowing your healthcare needs will be managed by someone you trust is priceless. Don’t wait for a serious accident or disease to render you incapacitated or incompetent, by then it is too late.
A properly executed power of attorney written by a knowledgeable attorney is your safety net and can be the difference between having a trusted person care for your needs or having the courts intervene. Our attorney in Raleigh NC can help you with this. Be sure to contact our office to make an appointment.
Eldreth Law Firm | Attorney in Raleigh NC
Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.
As always, feel free to contact us at our office to schedule a consultation if you are looking for an attorney in Raleigh NC to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and other legal issues.