What is a Power of Attorney?
Who should have a Power of Attorney?
This document has great value for anyone who:
- wants to ensure that a trusted person would take care of bill paying, correspondence and financial management in the event of incapacity or absence
- may need assistance with their daily finances now or in the future
- wants to avoid the very lengthy and expensive process of a court-appointed committee should they suddenly become incapable
- wants to avoid having the Public Guardian and Trustee take over his or her affairs
Who can be an attorney?
You can name anyone you trust to be your attorney. You may choose your spouse, a family member or a close friend. If the person is not an adult, that person cannot act until he or she turns 19.
It is important to know that you cannot name someone who is paid to provide personal care or health care services to you. This includes employees working at a facility where you live that provides these services. There is an exception if the attorney you choose is your spouse, child or parent.
You may also name a trust company, or a credit union authorized to provide these services. In determining who would be a good attorney for you, consider their ability to be available as well as their knowledge and skills.
Deed or Gift
A Deed of Gift documents a significant gift to another person during one’s lifetime. When prepared and notarized by a Notary, it proves the donor’s intention for the gift which can be required to counter undue influence or arguments after the donor’s death. This can also be useful in circumstances where a person near death wants to transfer their assets or home into joint tenancy or wants to give a significant sum of money or gift to another person during their lifetime.
Who should consider a Deed of Gift?
Anyone who wants to transfer an asset, as a gift, before their death.
Advance Directives document instructions to doctors, nurses and other healthcare providers for an individual’s future health care. This ensures their wishes will be carried out by healthcare providers if they are unable to express them in the future.
Who should have an Advance Directive?
People who want to ensure that their wishes are followed even if:
- their family’s wishes differ from their own
- they have no family who could be appointed as their representative
- they have concerns that differing opinions among their family might cause conflict if a decision has to be made about where you should live or end of life
A Representation Agreement appoints a representative, or multiple representatives, to make decisions regarding an individual’s health and personal care in the event they are unable to communicate their own wishes. Depending on how the Representation Agreement is prepared, a designated representative’s authority can include:
- routine finances
- decisions regarding health care, personal care, and limited legal affairs
- refusal or consent to life support treatment and care
- consent to less common medical procedures/treatment
- consent to treatment the Adult approved while capable but since losing capacity has refused to consent
- deciding on living arrangements for the Adult including choosing a care facility
A Notary can help determine the appropriate scope for specific representative(s).
Who should have a Representation Agreement?
Any adult who wants to ensure that a specific person or persons are appointed to make decisions for them, especially if they have no spouse; or no spouse and no children, or if their children are in conflict with one another or would not be good decision makers.
Hear it from our clients
“Jamie was absolutely fantastic to deal with. He was able to provide support to me during a difficult family situation. He went above and beyond in his duties to assist me with obtaining Power of Attorney documentation. He was friendly, kind, professional, knowledgeable and very efficient providing excellent service to me and my family. I would highly recommend Jamie for any of your Notary needs, and would not hesitate to contact him again in the future. Thank you Jamie. Danielle”
“Just had a power of attorney document drafted by Jamie Taleb and have to wite him a glowing review. He was extremely professional, friendly and affordable. I would not hesitate to recommend his services to others and will be returning for future work to his office. Many thanks Jamie!”
“We had the privilege to conduct business with Jamie. The experience was professional and he was very meticulous to detail of the process. Jamie was patient and assisted us every step of the way. We look forward to working with him in the near future and would highly recommend his pro active services.”