Powers of Attorney

property and personal care

In a Power of Attorney, you appoint a person, your Attorney, to make important decisions for you. You may become incapable of making these decisions yourself, so this document will let people know who you want to take over and what you want them to consider when deciding about your assets and health. 

Continuing Power of Attorney 

for Property

This document allows someone else to make financial decisions on your behalf. It is usually effective immediately, which means your Attorney should be someone you trust completely. They will be able to do on your behalf almost anything you can do yourself, like selling and purchasing real estate, making investments, or signing contracts. 

This document is important because it gives your loved ones access to your assets when you are incapable of doing so for health reasons, for example. It is also useful in case you are away from home and need to get something done. 

The Continuing Power of Attorney for Property is only valid while you are alive. After your death, your Attorney cannot act on your behalf anymore, and your Estate Trustee starts acting. For many people preparing their estate planning documents, this will be the same person, for example, a spouse.

Power of Attorney 

for Personal Care

This document gives your Attorney for Personal Care authority to make health decisions on your behalf. They may ask for and review your health records. They may authorize treatments or decide on whether you should be moved to a retirement home. It only becomes effective once one or more doctors determine that you are incapable of making these decisions independently. 

The document may also instruct your Attorney for Property to apply your assets towards your health and care.

Preparing this document is an opportunity to think about how you want to deal with specific situations and write it down so your family is aware of your wishes. This document avoids family conflicts when hard decisions about your life and health need to be made. It gives your loved ones the peace of mind of knowing they are following your instructions and doing what is best for you, according to your own terms.

Questions?

Contact camila@mottalawyer.com to get more information on the services provided.