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A Power of Attorney gives an agent of your choosing the legal authority to carry out your wishes while you are alive. The power can begin when you become unable to make your own decisions – physically or mentally – or before, it depends on your wishes and the wording of the document.  

 

The danger lies in not having the Power of Attorney created before you become disabled, which I saw all too often.  These small, but powerful documents, are easily overlooked by most people.  But once you are disabled, or have no capacity anymore, you simply cannot create a Power of Attorney anymore. And if you are disabled without appropriate Powers of Attorney prepared, your agent/family will likely not have access to or the ability to administer your property. To get access at that point, families must go to court for assistance, which creates unnecessary expenses, family conflicts, and total inconvenience.   

 

At The Schwartz Law Firm, Powers of Attorney are included in all Will based and Trust based Estate Plans.