Durable Powers of Attorney and Advance Health Care Directives are common components of a comprehensive estate plan. These documents are generally used to plan for incapacity.
Durable Power of Attorney (DPOA)
A durable power of attorney for property management allows you to legally appoint another individual (the "attorney-in-fact") to make property management decisions on your behalf, even if you are incapacitated. The power can be very broad and inclusive, or may be as limited and specific as you wish. The attorney-in-fact will have whatever powers you grant in the DPOA and will manage your assets without court supervision.
Advance Health Care Directive (AHCD)
An advance health care directive allows you to legally appoint another individual (the “agent”) to make health care decisions for you when you can no longer make them yourself. It may also state your wishes on such matters as life-sustaining treatment, other health care issues and instructions concerning organ donations, disposition of remains, and funeral arrangements.
A well-crafted DPOA and AHCD may help avoid conservatorship, a legal proceeding which allows the court to appoint a person responsible for your care and for the management of your assets.
Schedule a consultation with Clara Yang to learn what types of powers you should give to your attorney-in-fact and your agent for health care, to make sure your wishes are followed should you become ill or incapacitated.
