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Frequently Asked Questions by our clients in Indiana

Q: Who should have Powers of Attorney?

A:

Powers of Attorney are vital estate planning documents which most all adults over the age of eighteen (18)  should have.

 In a Durable Financial Power of Attorney, an attorney-in-fact can be named who will have the ability to make financial decisions (regarding, among other things, real estate, personal property, bank and investment accounts, retirement plans and  insurance policies) on behalf of the person signing the Power of Attorney (the principal).  This document can be effective and usable immediately by the attorney-in-fact, or can be a “springing” power which is not effective or usable until the principal has been determined to be incapacitated and unable to make their own financial decisions.

In a Healthcare Power of Attorney, a health care representative can be named who will have the ability to make healthcare decisions for the principal (regarding, among other things, any and all medical treatment or services, life-sustaining treatment or life support, and access to medical records).  The attorney-in-fact’s ability to make healthcare decisions for the principal is effective only when the principal is no longer able to make their own healthcare decisions.

Though Powers of Attorney are highly recommended by most attorneys, there are many adults who do not have such documents in place for  various reasons.  Some adults may not have the mental capacity to understand and sign (and thereby validly execute) Powers of Attorney.  Unfortunately, many adults don’t consider estate planning to be a necessary part of adulthood until they are more advanced in years and have experienced more of life’s trials and tribulations.  Some do not see the importance of having estate planning documents until they have experienced the illness, incapacity or loss of a close family member, at which time they often see how essential advanced planning can be.

Because these documents are so important, all adults are encouraged to speak with an attorney about their particular situation.  A knowledgeable estate planning attorney can discuss a person’s individual needs for Powers of Attorney and other advanced planning documents, including Wills, Trusts, Living Wills, and HIPAA Authorizations.

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