There are times in life when you may be unable to act in your own best interest and on these occasions, our credible Sunset Hills power of attorney lawyer can help you create a legal document that can allow someone you trust to act on your behalf. Some unavoidable situations such as accidents or terminal illnesses can arise where individuals are left unable to make important life choices. A medical condition that results in a physical or mental incapacity may necessitate help from others.
At Doyel Law, we will walk you through the process of selecting and defining your power of attorney. Schedule an initial consultation with our competent Missouri estate planning attorney now to learn more about how this legal document can help you achieve your estate planning goals.
Why Do I Need a Power of Attorney Lawyer in Missouri?
Powers of attorney are vital components of any estate plan. These documents are designed to bring peace of mind to individuals who are beginning to consider what will happen to them if they are no longer able to care for themselves.
If you are considering your plans for the future, our trusted Sunset Hills power of attorney lawyers at Doyel Law can provide more information about this estate planning option and help determine if it is right for you. Our estate planning law office can:
- Explain the importance of a power of attorney and how to give these documents legal effect.
- Develop an estate plan that best captures your intentions and realizes your wishes.
- Provide legal advice to clients of all ages with the creation of a comprehensive estate plan.
- Help you address situations that may arise when you die or become incapacitated.
- Provide the highest level of legal services to our clients, help satisfy their needs, and achieve their desired outcomes.
- Help you deal with wills, trusts, asset protection, trust administration, probate litigation, and other estate planning needs.
Whether you are looking to plan your family’s future, handle a probate matter, or resolve a legal issue involving estate planning, our law office can help. Contact us now and schedule an initial consultation with our top-ranking Missouri estate planning lawyers. We are to protect your finances, health, and family.
What is a Power of Attorney?
A power of attorney (POA) is a legal document that allows one person to appoint another person to act on their behalf concerning business, healthcare, finance, real estate, business, and more. You may use a POA to grant authority to someone to act on your behalf in legal affairs during your absence, if you become incapacitated, or in specific situations.
Within a power of attorney, if you are the one granting authority to a representative, you are called the principal. The individual you entrust with this responsibility is the agent or attorney-in-fact. A power of attorney can authorize the attorney-in-fact to perform a single act or a multitude of acts repeatedly. A knowledgeable Sunset Hills power of attorney lawyer can help you better understand how a POA works.
What are the Types of Power of Attorney?
There are several types of powers of attorney. They differ not only on the subject matter they cover but also on the conditions in which the power becomes executable. Each type of POA gives your attorney-in-fact—the person who will make decisions for you—a different level of control. Our skilled Sunset Hills power of attorney lawyer can help you choose the most appropriate type of POA depending on your situation.
Durable Power of Attorney
A power of attorney lets you choose someone you trust to make important decisions if you cannot. If a power of attorney is durable, it remains in effect if you become incapacitated due to an accident or a serious illness.
Durable powers of attorney help you plan for medical emergencies and ensure your finances are taken care of. Having these documents in place can avoid uncertainty and confusion when family members have to make an important decision. Most estate plans include two separate durable POAs:
Durable Healthcare Power of Attorney
A durable healthcare power of attorney grants your chosen agent authority to make medical decisions for you if you are mentally incompetent, unconscious, or otherwise unable to make decisions on your own. It appoints someone else to communicate with doctors and make medical decisions for you. The document should facilitate your wishes and provide instructions to the agent regarding medical treatment.
Durable Financial Power of Attorney
A durable financial power of attorney enables you to designate an agent to deal with business and financial matters on your behalf. This could include paying household bills, selling or purchasing real estate property, paying estate taxes, and collecting your Social Security benefits.
Non-Durable Power of Attorney
A non-durable power of attorney ends if you become incapacitated. This type of POA can be used for a one-time task and tends to be limited in scope. This means the agent you appointed in the document will lose authority when the principal revokes the document, becomes mentally incompetent, or dies.
Special Power of Attorney
A special power of attorney allows the agent to act on behalf of the principal only under specific and clearly defined circumstances. Because this type of power of attorney is limited to what has been laid out in the signed document, the principal must be very clear about the powers that they want the agent to have.
Limited Power of Attorney
A limited power of attorney restricts the authority of the designated individual to a specific scope. This document contains language limiting its purpose, time, or authority granted to the agent.
Springing Power of Attorney
A springing power of attorney means the principal chooses when their POA comes into effect, usually on a specific date, when you are declared incompetent to make sound decisions, or when you become incapacitated. At this time, the power springs up, and the agent can make decisions and take actions on the principal’s behalf.
Some people prefer this over a durable power of attorney because they dislike the idea of giving someone else the ability to make decisions in their name, while still being able to manage their affairs.
How Do I Make a Power of Attorney?
You may create your power of attorney. However, it must be legitimate in your state since every state has its own rules and regulations. It is a great thing that state-specific attorney forms are easily obtainable through your federal government or guided utility programs.
What Kind of Powers of Attorney are Available in Missouri?
In Missouri, you can create a variety of POAs. Several estate plans, in general, incorporate two POAs:
- a financial power of attorney, which authorizes somebody to oversee your monetary or commercial affairs, and
- a medical power of attorney, which permits somebody to make healthcare decisions for you. (In Missouri, this is known as a “health care power of attorney.”)
Who Can Be Designated as an Agent or Attorney-in-Fact in Missouri?
Technically, you can appoint any reasonable adult to act on your behalf though you must examine practical factors such as the person’s integrity and geographic proximity. Missouri permits you to select co-agents who can work concurrently, although it is typically best to stay with only a single agent to avoid disagreements.
However, choosing a “successor agent”—a substitute who will be your agent if your preferred pick is unavailable for whatever reason—is often a solid decision.
Can a Power of Attorney Be Used to Purchase or Sell Real Estate/Land/House?
According to Section 404.705.1 (b) (3), an attorney-in-Fact can transmit real estate unless it is signed by the principal, dated, and verified appropriately. The ability of a power of attorney form to buy or sell the property or a residence is further supported by Missouri Revised Statutes 442.360, which pertains to the authority to deliver real estate as a representative or attorney for the owner in the way specified. Statute 442.130 of the revised statute of Missouri also applies while acting as a power of attorney to acquire or sell real estate, land, or a dwelling.
Is a Notary Public Required for a Power of Attorney?
A power of attorney must have a notary seal and signature. A notary seal is mandatory for every real estate deal under Missouri Revised Statutes Section 442.150 (1).
What is the Difference Between a “Physician’s Directive” and a “Living Will”?
A physician’s directive or living will provide you power over healthcare decisions when you suffer from a life-threatening illness, are incapacitated, or are too sick to respond. It informs your caregivers precisely of what you would like in terms of life support and life-sustaining medication, allowing you to pick the treatment you receive rather than others. It is the most commendable approach to ensure that your desires are recognized and followed by healthcare professionals.
What if I Become Incapacitated in the Absence of a POA Document?
Your family members or other dear ones must petition the court to appoint someone to serve as your guardian or conservator. That court-appointed representative will then represent you in court. This may be harmful to both your health and your income. It is essential to talk with a Missouri power of attorney lawyer as soon as possible before these unpleasant circumstances occur.
Call Our Seasoned Sunset Hills Power of Attorney Now!
Situations may arise where you become unable to care for your well-being. These cases may be permanent or temporary. In both scenarios, it may be helpful to instill the power of attorney to allow other people to make important decisions.
By having a power of attorney, you can make sure your wishes are known and followed, giving both you and your loved ones inner peace. Whether you are a young family with small children or senior citizens, it is never too early or too late to prepare and ensure security for your loved ones. Create a power of attorney or update your estate plan with our experienced Sunset Hills power of attorney lawyers at Doyel Law.
Our estate planning law firm will thoroughly assess your situation and determine how you can best achieve the peace of mind you deserve. We can help you establish your wishes and plan to protect your family and interests in the event of your incapacity. Contact us now and schedule an initial consultation with our Missouri estate planning attorneys.