Powers of Attorney

Powers of Attorney: An Essential Part of Your Estate Plan

Estate Planning Attorneys in Philadelphia, Pennsylvania

Almost every week, a terrifying story in the news reminds us of the importance of maintaining control over our own health care and financial decisions. If you do not write down your health care wishes in advance, you risk decisions being made on your behalf by someone who does not know you, your preferences, or your values.

If you do not appoint someone to manage your finances and your health care should you become incapacitated, you risk the court appointing someone — possibly a stranger or a distant family member — to take control over your financial affairs and your health care decisions.

With help from three basic documents, you can put those fears to rest. Every person's estate plan — regardless of wealth — should contain an advance health care directive, a health care power of attorney and a financial power of attorney.

At the Law Office of Adam S. Bernick in Center City Philadelphia, we make these documents part of every estate plan we create. With compassionate questions and careful listening, we create powers of attorney and living wills that are as simple or as complex as necessary to meet our clients' goals and clearly express their wishes.

To schedule a complimentary consultation and begin creating an estate plan, contact our office to make an appointment with one of our estate planning lawyers.

Powers of Attorney and Livings Wills

A financial power of attorney is a document in which you designate a specific person to have the authority to make financial transactions and decisions on your behalf. Financial powers of attorney may be limited in scope, or they may be general — giving the designated person full control over your financial affairs.

Financial powers of attorney may also be limited in duration, or they may be infinite (these are known as durable powers of attorney). They may also be written so as to take effect only in the event you become disabled or otherwise incapable of making such decisions on your own behalf.

Like a financial power of attorney, a health care power of attorney designates a person to make health care decisions on your behalf if you become incapable of communicating your wishes. This person is often called the "health care agent." Like financial powers of attorney, medical powers of attorney may be limited or general in scope.

An advance health care directive is the formal legal term for what many people call a "living will." A living will contains your specific instructions to health care providers about the steps you do and do not want taken on your behalf in the event you become terminally ill or are incapacitated for a long period of time. A living will may be as general or as specific as you wish. It could merely state your general wishes regarding resuscitation and life support, or it could describe in detail your wishes in certain specific circumstances.

Do you have questions about the validity of a power of attorney or advance health care directive? Our attorneys are experienced in probate litigation and are available to give legal counsel during disputes involving powers of attorney and living wills.

Compassionate Counsel About Living Wills and Powers of Attorney

To craft living wills and powers of attorney, a family should first spend some time considering all the issues and talking amongst themselves about their preferences. Our law firm can mediate these discussions, or we can provide you with basic information and leave you to make the necessary decisions in private. We will then draft sound planning documents that clearly state your wishes.