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Why Hire a Power of Attorney Lawyer?

A power of attorney (POA) allows you to designate someone you trust (called an “agent” or “attorney-in-fact”) to make decisions on your behalf if you become incapacitated. If you’re considering establishing a POA to manage your affairs or those of a loved one, hiring a POA lawyer can ensure that the POA is properly drafted and executed.

Why hire a lawyer?

A POA lawyer can provide you with the peace of mind of knowing you have a legally enforceable POA that clearly outlines your wishes. It’s especially important to think about hiring an attorney if any of the following apply to you:

  • You want to ensure that your financial and health care decisions are made according to your wishes if you become incapacitated.
  • You’re concerned about potential disputes among family members regarding your care or finances.
  • You want to designate someone to make decisions on your behalf in specific situations—even when you’re not incapacitated.
  • You’re considering a springing POA that becomes effective only if you become incapacitated.
  • You want to ensure that your POA complies with state laws and regulations.
  • You need assistance with the legal paperwork and understanding the implications of a POA.

In short, if you want to ensure that your wishes are respected and your affairs are managed properly, you should consider hiring a POA lawyer.

What can a lawyer do for you?

A POA lawyer can help you navigate the legal process of creating a POA and ensure that all necessary documents are properly prepared and executed. An attorney’s responsibilities can include:

  • Drafting a POA tailored to your specific needs
  • Ensuring that the document complies with state laws and regulations
  • Assisting with choosing an agent who will act on your behalf, and
  • Providing guidance on the rights and responsibilities of both the principal and the agent.

An attorney can also advise on strategies to:

  • Protect your interests and ensure your wishes are followed
  • Address any potential disputes or challenges to the POA, and
  • Ensure that the POA is updated as your circumstances change.

Did you know?

According to the AARP, more than 369,000 cases of financial abuse targeting older adults (with an estimated $4.8 billion in losses) are reported in the U.S. each year. Having a POA that designates a trustworthy agent can help prevent financial abuse.

Common Questions About Power Of Attorney

POAs are legal documents that allow individuals to designate someone to make decisions on their behalf, ensuring their wishes are respected and their affairs are managed.

Q: Can a POA lawyer help me understand the different types of POAs?
Yes, a POA lawyer can explain the various types of POAs, including durable, medical, springing, and limited POAs. An attorney can help you choose the right POA for your needs.
Q: Why should I have a POA?

Having a POA is essential for several reasons:

  • It ensures that your financial and health care decisions align with your wishes.
  • It can help prevent disputes among family members regarding your care and finances.
  • It can remain effective even if you become incapacitated, so your designated agent can make decisions on your behalf without interruption.
  • It can help you name an agent who will not take advantage of you.
Q: What happens if I become ill and don't have a POA?
If you become incapacitated and don't have a POA, your loved ones will likely need to go to court to have a judge appoint a person as your legal guardian. The process for appointing a guardian can be expensive and time-consuming and might cause tension between loved ones.
Q: Can a POA lawyer help choose an agent?
Yes, a POA can help you choose an agent to make medical or financial decisions for you. Ultimately, it's your decision to make, but an attorney can give you guidance to pick the right person for the job. An untrustworthy agent could make decisions that aren't in your best interest—and, even worse, they could steal from you.