Powers of Attorney

What are they and how do they work?

A power of attorney is a document that authorizes someone else (known as the “agent” or “attorney-in-fact”) to handle your affairs. This could become necessary if you become incapacitated to to illness or injury. Documents granting such important powers must be drafted very carefully to ensure that you are only granting the right level of control to whomever you designate.


Call Kirk Law Firm LLC at (724) 320-0902 to schedule your free consultation.


Why create a power of attorney?

If there comes a time when you are no longer able to act on your own behalf you will need someone to manage your affairs. If you haven't prepared for this possibility ahead of time, your loved ones will have to petition the court for a guardianship. Guardianship proceedings are time-consuming and usually cost thousands. Your loved ones will need to hire an attorney to appear in court and prepare all necessary petitions and other paperwork, and the testimony of a medical professional is often necessary to determine whether you are incapacitated under the law. In addition, the time-consuming nature of these proceedings means that there is often a significant period when your financial affairs simply wouldn't be attended to, which can compound the expense and aggravation. By contrast, powers of attorney are relatively inexpensive to prepare and execute, and if you become incapacitated, your agent can begin handling your affairs right away and without court involvement. 

Types of power of attorney documents

Depending on your wishes, different types of power of attorney documents can be drafted to suit your specific needs. The most wide-ranging are general powers of attorney. These grant broad powers that allow your agent to do practically anything on your behalf—buy and sell real estate, pay bills, invest money, purchase life insurance, etc. Special powers of attorney are more restrictive and allow you to specify which particular powers you want your agent to have. Some of these may be useful even if you aren't incapacitated. For instance, if you own real estate you wish to sell but will be unavailable the date of the closing, you may elect to appoint an agent whose power is limited to conveying a specific piece of property on a specific date. 

Healthcare powers of attorney

While general powers of attorney enable a loved one to make financial decisions on your behalf, healthcare powers of attorney enable a loved one to make medical decisions on your behalf. These documents work hand-in-hand with a living will to ensure that medical care is carried out in accordance with your wishes. While living wills are important, they are subject to certain limitations. First, they only come into play during end-stage medical conditions; for instance, you would need to be terminally ill, unconscious without chance of regaining consciousness, in a persistent vegetative state, etc. They do not cover situations where you may only temporarily be unable to make your own medical decisions. Second, while a good living will will be as comprehensive as possible, it cannot anticipate every possible situation. Without a healthcare power of attorney, medical professionals will call upon a family member to make these decisions for you. This may be someone with whom you have not discussed your preferences. Further difficulties can arise when more than one family member is involved and they disagree on the appropriate course of action. To prevent this, and to ensure that your wishes are followed to the best ability possible, it is important to designate some one you trust and with whom you've discussed these matters as healthcare power of attorney. 

Address

4607 Library Rd.
Suite 220-406
Bethel Park, PA 15102

By appointment only

Phone
  • (724) 320-0902

Email
  • info@kirklawfirmllc.com

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