A Health Care Directive Lets Loved Ones Know Your Wishes
A Health Care Directive enables you to name someone as your agent to make decisions about your health care, including decisions about life support, if a doctor determines that you no longer can speak for yourself. You can specify that your agent must act consistently with your wishes, which can be set out in the document or otherwise communicated to the agent. With this document in place, your family is protected from later confusion and difficulty with regard to treatment decisions.
Why Power Of Attorney Is Necessary
A Power of Attorney allows you to designate a trusted individual to handle your financial matters on your behalf, when you are absent or unable to attend to these matters yourself. A durable power of attorney remains in effect in the face of incapacity and/or disability (not death), so that you can continue to receive the help you need, from someone you trust.
Designation Of Standby Custodian
A Standby Custodian is an individual appointed by the parent, to take over the care and custody of the child(ren) upon the occurrence of a triggering event. The triggering event can be the incapacity, absence or death of the parent, as defined in the document appointing the standby custodian. This authority allows the custodian to exercise authority under the appointment for up to 60 days after the triggering event, after which time the custodian must seek court approval to remain in this capacity.
Delegation Of Parental Authority Under A Power Of Attorney
A parent, legal custodian, or guardian of a minor child or incapacitated person, may delegate, through use of a properly executed power of attorney, authority regarding care, custody or property of the child, except the power to consent to marriage or adoption. This power may be in effect for up to one year. If the parent wants the power to continue, the power of attorney has to be renewed on a yearly basis.
This delegation is often used when a parent anticipates being absent for an extended period of time. It goes into effect as soon as it is properly signed. No triggering events are necessary.
If you are interested creating a Health Care Directive, schedule a free initial consultation to learn more about your options. Contact us today. We are conveniently located one block west of Highway 100, just north of I-494.