You May Have a Will, but What About a Power of Attorney and Living Will?

Having a Will is not nearly enough protection. Today, we are living longer and over 50% of the American population today will at some point need assisted and/or long term care, whether that be at home or at a nursing home. It is crucial that all Pennsylvanians have a DURABLE POWER OF ATTORNEY, a MEDICAL POWER OF ATTORNEY, and a LIVING WILL.

What is a Durable Power of Attorney?   


Who can create a Power of Attorney?   

Generally, any individual over 18 years of age who is a resident of the state in which it is created and who is legally competent can create a power of attorney.

Who may act as an agent under a Power of Attorney?   

In general, an agent may be anyone who is legally competent and over the age of 18. Often, it is a family member such as a spouse, sibling or a child. While more than one person can be named as an agent, naming two or more individuals to act together can prove inconvenient, especially if a power of attorney must be exercised promptly. It is usually more prudent to name one individual as agent and then another as an alternate.

How does an agent use a Power of Attorney?   

Your agent presents the original power of attorney document to the other party involved in the transaction and signs documents on your behalf.  Your agent signs his or her own name, followed by the words “Attorney in Fact for Bob Jones”.

What is a Durable Power of Attorney for Health Care?   


What is a Living Will?   

A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. Almost all states have instituted living will laws to protect a patient’s right to refuse medical treatment.  Even if you receive medical care in a state without living will laws this document is useful to a court trying to decide what an unconscious patient would want. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

What is a HIPAA Authorization?   


Thank you for your interest in these important estate planning tools. Please Contact Us if you wish to schedule a free consultation with our law firm by clicking Here.