Sachs Law

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Whether you are going to be away and can’t act on your own behalf, or you want to give the ability to act on your behalf to someone in the case where you become incapacitated, a power of attorney can be a tool that you want to have by your side.

From proxy voting to granting the power to make financial decisions or recommend a guardian, a durable power of attorney can be a powerful thing. Granted to a person called an “attorney-in-fact” by a “principal,” the power of attorney can be granted to a spouse, relative, child, or friend, as long as they are an adult and acting in good faith on the principal’s behalf.

Signing this kind of power can be a leap of faith, and requires a great deal of trust. To make sure everything is in order, it is highly recommended that you see a lawyer before signing any documents.

This can be voided or terminated in sever ways which include death of the principal, destroying the document, a termination condition outlined in the original document, or revoking durable power.

There are several types of power of attorney, and all of them are different in some way, so it is important to make sure you have the right documentation for your specific case. These types include:

Durable: ineffective once principal dies or is incapacitated

Health Care: gives attorney-in-fact power to make health care decisions on the principal’s behalf, which includes terminating life support.

Springing: power of attorney which becomes effective only after incapacity or other future event.

Special cases: proxy voting, finance, and others.

Contact us today to see how we can help you make the best, most informed decision about your power of attorney.

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