Power of Attorneys and Advance Medical Directives

GANDERSON LAW, P.C. believes that a general power of attorney instrument and advance medical directive are integral parts of an estate plan.  Unlike a Last Will and Testament which is prepared during an individual’s lifetime but is not observed until his or her death, the general power of attorney instrument and advance medical directive are tools to be utilized, if circumstances warrant, during an individual’s lifetime.

General Power of Attorney Instrument

A general power of attorney instrument enables an individual to designate an attorney-in-fact to manage his or her affairs either generally or upon the occurrence of certain enumerated circumstances, such as the incapacity of the maker of the general power of attorney instrument.

Although the maker of a general power of attorney instrument can narrowly define the scope of authority granted to his or her attorney-in-fact, general power of attorney instruments generally provide attorneys-in-fact expansive authority to act on behalf of the maker of the general power of attorney instrument.

The authority of an attorney-in-fact to act under a general power of attorney instrument ceases, if not earlier terminated, upon the death of the maker of the general power of attorney instrument.

Special Power of Attorney Instrument

In addition to the general power of attorney instrument, an individual may at times benefit from a special power of attorney instrument.  A special power of attorney instrument may be limited in duration and/or scope.

As an example, an individual may wish to designate an attorney-in-fact under a special power of attorney instrument to act on his or her behalf while traveling or to represent him or her with regard to a particular upcoming transaction, such as the closing for a sale of real property.

Advance Medical Directive

An advance medical directive enables an individual to designate an agent to act on his or her behalf in the event he or she is incapable of making an informed decision with regard to health care matters.

In addition to designating an agent to act on his or her behalf with regard to health care matters, an individual can also specify in an advance medical directive his or her personal wishes with regard to the provision or withholding of life-prolonging measures.