NC Law Firm Helps Clients in the Charlotte area with Powers of Attorney
From healthcare to finances, we help you avoid headaches for your loved ones with planning
At John F. Hanzel, P.A., we have significant experience advising clients on all issues related to powers of attorney. We understand that these are sensitive matters that require you to make important decisions regarding family members or others to whom you plan to entrust your care in difficult situations.
A power of attorney grants a third party of your choice the legal right and ability to make decisions on your behalf. A healthcare power of attorney can accomplish this with respect to your healthcare needs. General powers of attorney can address other areas, such as finances.
If you do not have a power of attorney in place, your loved ones may be forced to go to court to seek guardianship over you should you become incapacitated or otherwise unable to handle your own affairs. The guardianship process can be frustrating and costly. You can help your loved ones avoid the need for a court proceeding to obtain guardianship by executing powers of attorney in advance.
What is a healthcare power of attorney?
One of the most often used powers of attorney is a healthcare power of attorney. A healthcare power of attorney designates a person you chose to make healthcare decisions on your behalf if you become unable to do so yourself. You may become unable to make your own healthcare decisions if you can’t communicate as a result of an accident or illness or otherwise lack the capacity to do so.
A healthcare power of attorney can list specific acts of authority granted to your healthcare agent, including the right to do the following:
- Employ and discharge healthcare providers for you
- Consent to your admission and discharge from:
- Nursing homes
- Long-term care facilities
- Mental health facilities
- Consent to administration of medications and treatments
- Consent to diagnostic tests and surgery
What is a durable financial power of attorney?
Another power of attorney that is recommended for many people is a durable financial power of attorney. This document appoints someone of your choosing to make financial decisions for you if you become disabled or unable to do so for other reasons. A power of attorney is considered durable if it remains in effect, or goes into effect, after you become incompetent or incapacitated.
Durable powers of attorney in North Carolina need to be recorded in the Register of Deeds in the county where you reside. They should also be recorded in any county where you own property. However, the timing of filing is an important decision requiring guidance from an experienced estate lawyer. While it is usually advisable to wait until the agent needs to exercise rights granted under a durable power of attorney before recording it, there are risks to waiting that should also be considered.
An experienced probate lawyer can help you develop a complete estate plan that includes a power of attorney, a last will and testament and other important documents.
Use a powers of attorney lawyer in the Charlotte area to assist you today
To get the experienced help you need for powers of attorney and other estate planning services, contact John F. Hanzel, P.A. at 704-892-1375 or online today. Saturday appointments are available. Our office serves clients in Cornelius, Charlotte, Huntersville, Mooresville, Lincolnton, Davidson, Lake Norman and the surrounding areas. Se habla español.