Power of Attorney

Attorney Sabrina Winters

Power of Attorney:

There are several different types of power of attorney.  I would say there's at least three.  You've got your durable power of attorney, typically, that's what it's called, and you've got your springing power of attorney, and you have your health care power of attorney.  The general durable power of attorney basically takes effect the minute you sign it.  It doesn't matter if you become incapacitated the next day; there's typically a statement in there that says "this document survives my incapacity".  The sprining power of attorney takes effect when you become incapacitated; so you can sign it today and in three years from now, when you become incapacitated, as long as two doctors have certified that you are, then it becomes a document that can be used by your agent - but not before then.  Then, you've got your health care power of attorney, and that is one way you name somebody in there to make medical decisions for you.  Now that person doesn't make their own decisions.  They're going to step into your shoes and make the decision you would have normally  made for yourself.  I always suggest making sure that you tell everybody that is close to you: family, friends, even the agent that you appoint, tell them what your wishes are.  Even though it's in the document, it's a tough decision to make.  So if they know, and everybody else knows, it's a much more comfortable decision to be able to make.

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