When you create a power of attorney, you can maintain some control over your future even if something happens and you are left incapacitated. The creation of a power of attorney is one of the single most important things you can do to protect your assets and to spare your loved ones from making difficult decisions in a medical emergency.
Pyke & Associates, P.C. can help you to understand how a power of attorney works and why you need one. Our Atlanta power of attorney lawyers can also assist in creating a legally valid power of attorney and selecting an agent. Give us a call for personalized advice today so you can have a plan in place for incapacity.
We can also represent people acting under their authority by a power of attorney, as well as those who are concerned someone is abusing that authority. Contact us at 770-507-2500 to find out more about the assistance we offer and to get answers to common questions including:
- Who should create a power of attorney?
- What is involved in creating a power of attorney?
- How can a Georgia power of attorney lawyer help you?
Who Should Create a Power of Attorney?
You should create a power of attorney. If you are over the age of 18, now is the time to create one. It does not matter how old you are, what your family status is, how many assets you have, or how healthy you are. Life could change in the blink of an eye and an illness or injury could leave you incapacitated and unable to make any decisions or communicate your desires.
By the time something happens to you, it will be too late for the creation of a power of attorney. Your family will be forced to go to court and seek guardianship to be able to manage assets and make decisions for you. The person chosen to act on your behalf could be someone you don’t trust. Your assets could lose value as your family is going through the process of getting legal authority to manage them. Your family could even end up fighting over who should be in charge of making your decisions or fighting over what you would have wanted.
You don’t want any of these things to happen. Instead, you should talk with an Atlanta power of attorney lawyer today and you should move forward with the creation of a legally valid power of attorney.
What is Involved in Creating a Power of Attorney?
When you create a power of attorney, you name an agent. The agent, who is also called an attorney in fact, is then vested with authority. You decide how much authority to give to your agent. While you can create a limited power of attorney and allow your agent to act only on specific matters, this is not usually the process used when a power of attorney is part of an incapacity plan. Instead, you want to create a general power of attorney to give your agent broad authority to act for you. If you wish to have an agent act as a healthcare proxy and make medical decisions for you, you can also create a healthcare power of attorney.
Since your power of attorney is intended to ensure someone acts on your behalf when you are incapacitated, you will need to make your power of attorney durable. A durable power of attorney is essential because otherwise the grant of authority ends at incapacity, which is right when you need it.
You may also wish to give your agent authority only once you have become incapacitated. To do this, you can create a springing power of attorney. This would allow the grant of authority to be effective when and if incapacity occurs.
How Can a Georgia Power of Attorney Lawyer Help You?
It is important that you follow all Georgia laws for the creation of a power of attorney to ensure you are actually giving your agent the authority that you desire to provide. An Atlanta power of attorney lawyer will advise you on what is required.
If you have been named as an agent, it is also important you understand both your rights and your obligations when someone becomes incapacitated. Pyke & Associates, P.C. can help both with the creation of a power of attorney and with the exercise of authority under a power of attorney. Our legal team also provides assistance if there are problems, such as an agent abusing the trust which has been placed in him.
To learn more and to get help, give Pyke & Associates, P.C. a call today at 770-507-2500 or contact us online. Our legal team serves clients in Atlanta, Peachtree City, Stockbridge, and surrounding areas in Georgia.