Power of Attorney Lawyer in Columbus Ohio

Who makes decisions if I can’t?

If you become incapacitated and can’t make decisions for yourself, who will make them for you? Who will manage your assets? It’s hard to imagine asking so much of your loved ones. This is why you should spell out your thoughts in a durable Power of Attorney, a healthcare Power of Attorney, and a living will. Without these documents, your loved ones would have to petition the courts for guardianship or conservatorship, and that would be on top of worrying about your health.

What is a Power of Attorney?

A Power of Attorney (POA) is a legal document that gives someone the authority to make decisions on your behalf. The person giving the authority is called the principal, and the person receiving it is called the agent or attorney-in-fact.

What are the different types of Power of Attorney?

Durable Power of Attorney

Having a durable Power of Attorney means your agent’s authority to act on your behalf continues if you become incapacitated — for example, if you fell into a coma. If you’re using your POA for estate planning, it’s typical for it to be durable, because you’re planning for a situation where you might not be able to make decisions on your own.

What is a durable Power of Attorney and what makes it “durable”?

If a Power of Attorney is durable, it remains valid and in effect even if you become incapacitated and unable to make decisions for yourself. If a power of attorney document does not explicitly say that the power is durable, it ends if you become incapacitated.

Springing Power of Attorney

Once you execute a traditional Power of Attorney, it’s effective immediately, and your agent can start exercising the powers you granted them right away. This can be useful when you’re using your Power of Attorney for business or financial purposes. For example, if you own a business and move overseas, you can appoint an agent to manage it for you while you’re away.

A springing Power of Attorney, on the other hand, only gives your agent the power to act when a specified condition is met. When used for estate planning, the condition is typically that you’ve become incapacitated and can’t act for yourself. Once the condition is met, your agent’s power “springs” into effect. Until then, your agent has no legal authority, and you are the only one with control over your affairs.

General Power of Attorney

With a general Power of Attorney, you authorize your agent to act for you in all situations allowed by local law. This includes legal, financial, health, and business matters. General Power of Attorneys can be durable or non-durable, depending on your preferences.

A general Power of Attorney gives your agent considerable power over your affairs, but there are still some things they can’t do. For example, they can’t enter into a marriage on your behalf, or make changes to your last will and testament.

Healthcare Power of Attorney

This includes decisions about medical treatment, end-of-life care, and medical expenses. However, the agent’s power to make healthcare decisions only comes into effect when the principal is deemed mentally incapacitated and unable to make sound decisions regarding their health. Additionally, an Ohio Power of Attorney can include provisions for a successor agent, who can step in if the original agent is unable or unwilling to act. The document can be tailored with special instructions and limitations to the agent’s broad powers, safeguarding the principal’s best interests.

Consult a Power of Attorney lawyer near you in Columbus today

The Estate Planning Attorneys at the Calig Law Firm offer free consultations to work with clients to review Estate Planning matters and prepare for the future. Appointments can be requested online or by calling (614) 252-2300.