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Power of Attorney
Do I Need a Power of Attorney Attorney
Triangle Estate Lawyers, an estate planning and probate law firm in Raleigh, North Carolina helps clients protect their loved ones and their hard-earned assets using custom-tailored estate plans and asset protection strategies.
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Disability Planning – Power of Attorney Documents
Known as disability planning, creating power of attorney documents that designate who will be responsible for making decisions on your behalf if you become incapacitated is one of the most important components of estate planning. Many clients focus on what happens when they die and fail to give proper consideration to what happens if they became incapacitated, which unfortunately, happens way too often. The legal document granting this authority is known as a power of attorney (POA). There are several different types of POA documents that allow agents to act in specific capacities depending on the circumstances.
What are the Types of Power of Attorney Documents Available?
hen the principal conveys powers to an agent in a power of attorney, they are typically related to their financial assets, medical care or both. Durable financial power of attorney and healthcare power of attorney documents both allow a designated trusted individual to act on the principal’s behalf if he or she suffers from an injury or illness resulting in the inability to make his or her own decisions.
During the interview process at Triangle Estate Lawyers, we discuss in detail the powers conveyed under these power of attorney documents as well as when they go into effect. A durable power of attorney allows the agent to start making decisions on the principal’s behalf immediately, whereas a springing power of attorney only begins if the principal becomes incapacitated.
These are not standard fill-in-the-blank forms. Each document can be drafted carefully to convey or prevent certain powers.
Modifying or Revoking a Power of Attorney
These documents can be modified and revoked as long as the principal is capable of doing so. The principal can either include language in the original document that specifies when an agent’s powers of attorney should be removed, or they can revoke it in writing at a later date if they choose to do so. Typically, a legal separation agreement will revoke previous power of attorney documents granting spouses authority to act as agent over the other spouse. Many financial institutions refuse to recognize an outdated POA so they need to be updated periodically.
Contact Triangle Estate Lawyers to learn more about disability planning and creating power of attorney documents.
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Our Process
01
Schedule an appointment
Book appointments by phone or email for remote or in-person visits at our three locations, with free parking at our downtown Raleigh office.
02
Signing Meetings
Signings typically occur in our Raleigh office but can be accommodated upon request. Meetings include witnesses and a notary for your convenience.
03
Intake
Complete forms online before your appointment; post-interview, the attorney will draft and send documents for your review.
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