EXPLANATION OF DIFFERENT ADVANCE CARE DIRECTIVES

POWER OF ATTORNEY / DURABLE POWER OF ATTORNEY

A Power of attorney (POA), can be referred to as either general and durable. Today the majority of them are often referred to as Durable Power of Attorney (DPOA), because they remain in effect when the grantor is incapacitated. They are among the most important Advance Care Directives and should be included in almost every estate plan.

Whatever they are actually called, the reason Estate Planning lawyers use them is to legally authorize someone, or an entity, to act on our client’s behalf, when they lack capacity or have some type of other impairment issues.

The POA and corresponding powers take effect upon execution and expire when the Grantor dies. Florida no longer allows what are known as “springing” POA’s which only take effect upon a certain condition.

What powers a POA grants is individual to the actual document. Some powers are so special that they require the grantor to initial besides them indicating approval. Generally POA’s include powers such as:

• Buying and selling property;
• Managing bank accounts;
• Paying bills, and investments;
• Handling Contractual Relationships;
• Filing tax returns;
• Applying for government benefits; and
• More …

Without a POA or Trust in effect, if you become incapacitated, your family will have to go to court and have you declared incompetent before they can take care of your finances for you.

Tallahassee Estate Planning Attorney uses specialized Elder Law DPOA’s for clients who have, or are anticipated might have, Elder law needs. These DPOA’s grant extensive rights not normally found in general DPOA’s.

HEALTHCARE SURROGATES

A Healthcare Surrogate is a legal document you fill out and designate a person or people to make healthcare decisions for you if you are incapacitated. The form will allow your surrogate to interact with the medical staff without restrictions. In some states they are known as Healthcare Proxies.  You should pick someone you trust and believe will be able to make decisions that could affect whether you live or die.  While many people pick a spouse, child, or other trusted family member, that is not required.

HIPAA RELEASE

A HIPAA RELEASE is used in conjunction with a Healthcare Surrogate, a HIPPA Release is document that you sign to allow the people designated in your Healthcare Surrogate to have access to your medical records.  The form can designate the type of medical information and records to be shared.

LIVING WILL

A Living Will (not a regular will) is document where you get to designate in advance certain health care decisions in the event you are in a persistent vegetative state or if you are in an end-of-life care.  You can make decisions including, whether you want certain life sustaining or prolonging procedures or care to be performed or withheld, such as ventilators, dialysis, tube feeding, and other end-of-life care.

CONTACT US TODAY

DON’T GO IT ALONE!!!

If you need to draft or amend any of the foregoing Advance Care Directives and estate planning documents, contact estate planning attorney Anthony Conticello by calling (850) 888-2529, completing our Contact Us form, or emailing us at [email protected].

We accept clients throughout the state of Florida.