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Wills and Estate Planning: How To Make Sure You Have A Durable Power Of Attorney

Wills and Estate Planning: How To Make Sure You Have A Durable Power Of Attorney

<p style&equals;"text-align&colon; justify&semi;">A durable of attorney can provide you with vital assistance at a juncture in time at which you are not able to make certain decisions for yourself&period; There are two different types of durable powers of attorney&comma; according to Cornell University School of Law&period; There is a durable power of attorney for healthcare and there is a durable power of attorney for financial matters&period; If you want to fully protect the full spectrum of your legal interests&comma; medical and financial&comma; you will want to be certain that you have both types of powers of attorney&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">What Is a Durable Power of Attorney<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">You also need to understand that not all powers of attorney are durable&period; A standard power of attorney will lack a provision regarding durability&period; A standard power of attorney that is not durable is only in force and effect until you become incapacitated&period; In other words&comma; you may have a reason to have someone assist in dealing with your financial affairs&period; However&comma; you require such assistance not because you are incapacitated&comma; but for any number of other reasons&period; Should you become incapacitated in any manner&comma; a standard power of attorney will cease to be in force and effect&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">A durable power of attorney contains a specific provision that either brings it into effect if you become incapacitated or that keeps it in force if you do become incapacitated&period; This is the durability provision&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Identifying a Durability Clause<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">You can make certain that a power of attorney is durable in one primary way&period; Contained within a durable power of attorney&comma; both for healthcare and financial purposes&comma; is a clause that specific states that it remains in force and effect if you become incapacitated in any way&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Although an instrument may say &OpenCurlyDoubleQuote;durable power of attorney” at the top&comma; the language referenced a moment ago must be included&period; If a dispute ever arose regarding the effect of an instrument purporting to be a durable power of attorney because of a heading&comma; if the referenced clause is not present&comma; the document is not likely to be considered a durable power of attorney&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Legal Assistance<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">If you have questions about an existing power of attorney or if you need a durable power of attorney&comma; you should consider scheduling a consultation with the Klotz Jean Law Office&period; During an initial consultation&comma; you can obtain detailed information about a durable power of attorney&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">You will also have the opportunity to ask any specific questions you might have about a durable power of attorney&period; There is not fee charged for an initial consultation&period;<&sol;p>&NewLine;

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