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Category Archives: Powers of Attorney and Health Care Proxies

I Have Made the Same Plans

Very often I will have clients or prospective clients ask me “should I be making these plans?” They wonder if they are too young to be thinking about health care decisions or who would be able to sign a check to pay their mortgage or rent or credit card bills if they were in an [...]

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Power of Attorney & Executor: What’s The Difference?

I’m sometimes asked by people “if I have an executor named in my Will, why do I need a power of attorney?”
I like this question because the answer is easy, and isn’t “it depends” like many answers to legal questions are.
An agent under a power of attorney is someone who has the authority to handle [...]

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Helping Your Health Care Proxy

April is Health Care Decisions month, the month when you are supposed to sign health care proxies and talk to your family about your “end of life wishes.” I know many people will sign health care proxies, but I wonder how many will take that next step to communicate their wishes to their families, or [...]

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Their Decision, Not Yours – The Duty of a Health Care Proxy

The New York Times has a recent article called “An Ill Father, A Life and Death Decision.” It’s about a daughter who has been appointed as the health care proxy for her father.  This means that when he is unable to make or communicate his health care decisions, she communicates his wishes to his health [...]

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“Exactly How Much Power Am I Giving You?”

“Exactly how much power am I giving you?”
This was the question my father asked me when I wanted him to sign a durable power of attorney. (Yes, just as the cobbler’s children have no shoes, the lawyer’s father had no power of attorney.)  He was in the middle of selling his house and buying a [...]

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How to Communicate Your Health Care Wishes

As part of the work I do with my clients, one of the things we always talk about at our first meeting is whether they have signed a health care proxy.  A health care proxy is a legal document which appoints another person to make health care decisions for you in the event you are [...]

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How To Revoke a Power of Attorney

Whether you are signing a new power of attorney, or just want to revoke an old one, there are several things you should do in order to make sure that the old power of attorney is properly revoked.
If you are signing a new one, the new one will generally have language in it that states [...]

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Beyond Birth Order – Choosing Your Attorney-in-Fact

An attorney-in-fact is the person you select to act for you under your durable power of attorney in the event of your incapacity. Under the power of attorney, that person will be your legal agent, and able to manage your money, real property and other matters such as life insurance and retirement accounts.  They will [...]

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