Tag: Power of Attorney

power of attorney

4 Critical Things to Know About Powers of Attorney

When a loved one needs assistance with basic tasks like cooking, cleaning, and self-care, they may need help with finances and medical decision-making as well. Unfortunately, when they need assistance, it may be too late to get the legal documents in place that are necessary. 

Why Powers of Attorney are Necessary

To legally serve as a decision-maker for a friend or loved one, certain HIPAA compliant, legal documents must be in place – powers of attorney.  Without these documents many institutions, such as hospitals, banks, and mortgage companies, are forbidden from communicating with and accepting the authority of anyone other than the client or patient. 

How Power of Attorney Documents Work

A Power of Attorney is a legal document in which one person grants another person the authority to be his/her decision maker.  The person who grants this authority is called “the principal”. The decision maker is called “the agent”.

With some exceptions, once the principal appoints an agent to be his/her decision-maker, the agent is immediately empowered to act. As a safeguard, the law requires the agent to act in accordance with principal’s reasonable expectations (if known), or if not known, in the best interests of the principal. 

The Primary Types of Power of Attorney

Not all power of attorney documents are created equal.  All must be HIPAA compliant. Each grants a different type of authority.  Below are the four main powers of attorney:

Medical Power of Attorney

This document allows the agent to make health and medical care decisions for the principal.  For example, if the principal is in a car accident, in the hospital and unconscious, the agent can make decisions like consenting to a blood transfusion or surgery. 

A medical power of attorney is can also helpful for aging adults who may need assistance even in non-emergency situations.  For example, an agent can select doctors, make medical appointments, and take an active role in managing an elderly parent’s everyday health care.  With a medical power of attorney in place, an elderly person can use the help of a trusted family member to handle or assist with these matters. 

power of attorney legal documents

General Durable Power of Attorney

This document grants the agent authority to make financial decisions on behalf of the principal.  Financial decisions include opening a bank account, filing tax returns, paying bills, and entering into legally binding agreements.

Springing Durable Power of Attorney

This power of attorney is more limited than the General Durable Power of Attorney.  A Springing Power of Attorney only takes effect when the principal is unable to act on his/her own behalf. These types of powers are less common, and less useful, because they require a legal finding of incapacity before the agent may take action.

Limited Power of Attorney

Also called ‘Special Power of Attorney’, this power grants the agent very limited permission to make a financial decision on behalf of the principal.  For example, if the agent plans to be out of the country on the day her new home purchase is set to close, the principal can sign a Limited Power of Attorney granting the agent permission to sign the closing and mortgage documents on her behalf.

They Are Revocable

Power of Attorney documents can be revoked at any time by the principal either orally or in writing.  Once the principal dies, all power of attorney documents are automatically revoked, and the agent is no longer authorized to take any action.

Power of Attorney documents are helpful legal documents that often eliminate the need for court appointed decision-makers, like guardians and conservators, when a loved-one becomes incapacitated.  These court proceedings are called “living probate”.

Because these documents have legal implications and grant powers to the agent to make important decisions for the principal, it is always the best practice to consult an experienced estate planning attorney in deciding which type of power of attorney is appropriate and what factors to consider when selecting decision-makers. 

The legal team at Kokish, Goldmanis & Greenberg, P.C. can help you understand what is involved when granting a Power of Attorney, how to select your decision-makers, and draft the necessary legal documents.

We understand that discussing incapacity may be difficult but doing so with family members and trusted legal advisors can provide peace of mind and a clearer path forward for all involved.

To learn more, contact our offices at (303) 688-3535 to schedule a consultation.

The Gift of Estate Planning

HIPAA Compliance

Many articles have been published about the gift of estate planning. In fact, it is one of the most important gifts you can give to your family and loved ones. A well crafted estate plan represents part of your legacy and how you will be remembered. How you would like to be remembered when you are gone and does your estate plan reflect those wishes?

Why can estate planning be such important gift for your family? Consider these benefits your family receives from your well thought out plan:

1. Protection for your spouse from creditors and predators. Are you leaving a plan which exposes your spouse to risk or protects them?

2. Protection of children from the over indulgence of youth, protection from creditors and protection against predators. Does your plan for your children provide these protections?

3. Inclusion of grandchildren or other family members who are disabled. Such issues should be considered in every plan. Are they addressed i yours?

4. Asset and probate planning. Do your assets create problems and are these issues addressed in your estate plan?

5. HIPAA compliance. Protection of your health information is important in our electronic age. Is your entire plan and all documents HIPAA compliant? If not it needs to be.

6. How recently have your reviewed your plan? Plans older than 5-7 years may create unexpected traps and negative results for your family. Has your plan been reviewed recently?

Does your current plan provide these benefits to your family? Now you know why estate planning is one of the best gifts for your family not only at the holiday season but also year round.

3 (Of Many) Reasons Why Estate Planning is Not Only for the Wealthy

Before I became an estate planning attorney, I did not fully understand the importance of having an estate plan.  I thought that estate planning was only for the wealthy.  Nothing can be further from the truth!
So, here are 3 reasons why you should consider meeting with an estate planning attorney, regardless of your wealth:

1. You have children under the age of 18.

A good estate plan protects your children from an uncertain future.  For example, a comprehensive estate plan for families with young children will include an Appointment of Guardian, which allows you to nominate a guardian to care for your children when you die or become incapacitated and are unable to care for them.  They also include an Authorization for Care of Minor Children, which allows you to appoint an another adult to temporarily care for and make decisions on behalf of your minor children when you are on vacation, unavailable, or become incapacitated.

2. To appoint decision makers to take care of you and your finances should you become unable to do so.

Not all estate planning concerns death.  For example, power of attorney documents are important estate planning tools.  These documents allow you to name people you trust (agents) to make medical and financial decisions for you while you alive, but are unable, or don’t want to, make such decisions for yourself.

3. The State in which you live has already created an estate plan for you.

All 50 states, and the District of Columbia, have laws that dictate how your property will be distributed after you die.  These laws are called the laws of intestacy and apply when you die without a will.  These laws may not match how you want your property to be distributed after your death.
Greta Suneson

Is Your Estate Plan HIPAA Compliant?

HIPAA compliance runs through most of our daily lives and activities. Having an estate plan which is HIPAA compliant is now mandatory in order for your wishes to be carried out.

Here are some things to check in your documents:

  • Are the documents dated prior to 2010? Older documents are often not HIPAA Compliant.
  • Do your documents mention HIPAA? If they don’t the documents are not compliant.
  • Are HIPAA Personal Representatives named? If not then the documents are not HIPAA compliant.

HIPAA Compliance

K&G can review your plan documents to ensure effective compliance. Contact our office at 303-688-3535 to schedule an estate plan review meeting today.