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Seize Control Over Incapacity with Durable Powers of Attorney

Incapacity is defined, from a legal standpoint, as the inability to make sound decisions regarding one’s personal or financial affairs. Failing to plan for the possibility of incapacity in advance can create significant problems for seniors and their loved ones, particularly with regard to managing assets and medical care. This is why we recommend that all of our clients have us design durable powers of attorney for medical care and finances. Here are some of the most important reasons to have your own durable powers of attorney.

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Seize Control Over Incapacity with Durable Powers of Attorney

If you become incapacitated, you are able to choose the person who makes financial and medical decisions on your behalf rather than the court.

Without powers of attorney, the court will appoint someone to manage your financial affairs and medical care in the event of incapacity. The person named by the court could very well be someone you would never have wanted to make important decisions on your behalf. In addition, the court processes involved are expensive, time-consuming and stressful for members of your family.

With durable powers of attorney, you are able to name a person (or persons) you know and trust to make crucial medical and financial decisions on your behalf. You have the power to decide what types of decisions your agent can make. That is, you determine how much authority your agent will have over your affairs. The agent’s authority can be rather broad or extremely limited—the decision is yours. You can also choose to name multiple agents and mandate that they must work together, or if you prefer, you can authorize them to work independently. It is always a good idea to name alternate agents in case your first choice is unable to serve due to illness or other reasons. 

Durable powers of attorney help prevent disputes about your wishes. 

You have undoubtedly heard about expensive and highly emotional court battles over what a person “would have wanted” before he or she became incapacitated. With properly designed durable powers of attorney, together with other advance directives, you can help ensure that your wishes regarding financial and medical matters will be carried out.

Durable powers of attorney provide you and your family with greater peace of mind.

With durable powers of attorney and other advance directives in place, you will enjoy the peace of mind that comes from knowing your wishes regarding the management of your assets and medical care will be honored. In addition, your family will be spared the stress of making important decisions on your behalf without knowing what you would have wanted.

We invite you to contact us to discuss your estate planning needs and create a plan that offers peace of mind for you and your family.

At Haimo Law, we pride ourselves on our holistic approach to representation, which sets us apart. First, we build personal relationships with our clients, taking the time to understand them on a deeper level. Second, we collaborate with other professionals, such as CPAs, financial advisors, realtors, other attorneys and more, to achieve our clients’ goals. We view planning as a team effort. Third, we consider our client’s emotional, mental, familial, and spiritual needs, recognizing that various circumstances and factors influence their behavior, with legal matters being just one aspect. Our distinctive and refreshing approach ensures that we consider all these elements in every client engagement. Offices in Fort Lauderdale, Florida and Port Jefferson, New York.

YOU ARE NOT OUR CLIENT UNLESS WE EXECUTE A WRITTEN AGREEMENT TO THAT EFFECT. MOREOVER, THE INFORMATION CONTAINED HEREIN IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. EACH SITUATION IS HIGHLY FACT-SPECIFIC AND EXCEPTIONS OFTEN EXIST TO GENERAL RULES. DO NOT RELY ON THIS INFORMATION, AS A CONSULTATION TO UNDERSTAND THE FACTS AND THE CLIENT’S NEEDS AND GOALS IS NECESSARY. ULTIMATELY WE MUST BE RETAINED TO PROVIDE LEGAL ADVICE AND REPRESENTATION. THIS INFORMATION IS PROVIDED AS A COURTESY AND, ACCORDINGLY, DOES NOT CONSTITUTE LEGAL ADVICE.

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