Two Types of Powers of Attorneys You Should Have

If you are incapacitated or incompetent as determined by a physician and cannot make your own health care decisions, who can make these decisions on your behalf (e.g., authorize medical procedures, hire/fire health care providers, get/release your medical information, place you in a health care facility, long-term facility, etc.)? Even if you’re currently healthy, it’s best to plan to take the proper preemptive measures in case you find yourself in need of a health care power of attorney in Mecklenburg County.

What is a Durable General Power of Attorney?

A durable general power of attorney is an inexpensive solution to avoid guardianship and to enable you to appoint a trusted individual or individuals to handle your financial affairs. This document is essential in that it extends beyond your incapacity or incompetence, which can last for years.

Absent a durable general power of attorney, upon your disability or incapacity; your family will have to go through a guardianship proceeding.  This proceeding is time-consuming and expensive, and the individual whom the court appoints as your guardian of the estate may not even be one of your loved ones or maybe someone you least want or desire to be designated as your guardian of the estate. 

What is a health care power of attorney in North Carolina?

A health care power of attorney can place an order as to who can make health care decisions on your behalf, which is essential if there are potential disagreements as to who will make these decisions on your behalf or if you want a loved one who is not recognized by law to have the ability to make these decisions on your behalf perhaps.  It can also ensure that someone can make most, if not all, health care decisions on your behalf including, but not limited to, the ability to withhold or withdraw life-prolonging measures, authorize an autopsy, deal with the disposition of your remains, etc.

Absent a health care power of attorney, and your family will have to go through a guardianship proceeding, which is time-consuming and expensive, to make most medical decisions on your behalf to the extent that the law does not provide exceptions.  This document is significant in that it extends beyond your incapacity or incompetence, which can last for years.

A health care power of attorney is an inexpensive solution to avoid guardianship and to enable you to appoint a trusted individual or individuals to handle your health care decisions.