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Michael L. Holland Attorney At Law
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documents on my behalf. There is one very important caveat in this: Only give a power of attorney to someone you really trust because if you give them full powers, they can buy and sell real estate in your name, they can obtain credit in your name, change beneficiaries on insurance policies, cash in IRA's and CD's that you own, make gifts to others of your money just to name a few. But in the right hands of someone you trust, you have a person in place to help you with your affairs should you fall ill, become incapacitated, have a stroke or fall into a coma or simply be too sick to act for yourself.
REVOCATION OF POWER OF ATTORNEY
You can actually revoke an existing power of attorney with this document. However, there are limitations. You must record this document with the county clerk where the principal lives and a third party is only liable for relying on the revoked power of attorney if they have been presented with the revocation prior to them taking action on the power of attorney.
MEDICAL POWER OF ATTORNEY
A Medical Power of Attorney allows you to designate someone to make medical decisions on your behalf in the event you cannot do so for yourself. If you are unconscious or unable to give consent to a medical treatment or procedure, it is a wonderful thing to have someone already designated to make those decisions for you who you have discussed your wishes with beforehand.
HIPAA AUTHORIZATION
This is a medical records release allowing someone you have designated beforehand to go and pick up your medical records in the event you need them at a hospital or emergency room. This can save time when time is of the essence.
PHYSICIANS DIRECTIVE
This document advises your doctors of your wishes in the event you have a terminal illness and do not want to continue treatment verses being kept comfortable. It basically tells the doctors that you do not want to be kept alive by artificial means or to have your misery extended.
GUARDIANSHIP DECLARATION
This is a document that declares who you wish to be appointed guardians over your minor children if you and the children's other parent pass away leaving neither parent alive to raise your children.
LAST WILL AND TESTAMENT
This website is full of information about Wills and why they are so necessary. If you have anything with a deed or title or financial accounts that have no beneficiary named, then without having a will and probating it - those assets will not be allowed to be passed on to the heirs because there is no document that stipulates who is to receive those assets. There are other ways to get those assets moved to their rightful heirs, but generally speaking those other ways are much more expensive and time consuming than simply probating a will.
DOCUMENTS You NEED
POWER OF ATTORNEY
A Durable Power of Attorney is a document that grants permission or rights to an agent to act on behalf of the principal. You can give someone full and complete power of attorney or you can limit it to only certain things and grant what is called a Limited Power of Attorney. For example, let's say that I have a car for sale and need to leave town. I can give a trusted friend a limited power of attorney to close the deal and sign the