Powers of Attorney & Healthcare Directives

Powers of Attorney & Healthcare Directives: Securing Your Decisions, Protecting Your Autonomy

While a Will outlines your wishes after you’re gone, true comprehensive estate planning extends to protecting you and your choices during your lifetime, especially if you ever become unable to make decisions for yourself. At the Law Office of Blaine Frierson, we specialize in crafting essential documents like Powers of Attorney & Healthcare Directives, ensuring that your voice is heard, your financial affairs are managed, and your medical preferences are respected, even in times of incapacity. These documents are acts of foresight and compassion, providing immense peace of mind for both you and your loved ones.

It’s a common misconception that if you become incapacitated, your spouse or adult children automatically have the legal authority to step in and manage your affairs. Unfortunately, this is not the case. Without proper legal documents in place, your family might be forced to endure a lengthy, public, and expensive court process called guardianship or conservatorship just to get the authority to pay your bills or make healthcare decisions. This is precisely what Powers of Attorney are designed to prevent.

Durable Financial Power of Attorney: Managing Your Affairs

A Durable Financial Power of Attorney is a critical document that allows you to appoint a trusted individual (your “agent” or “attorney-in-fact”) to manage your financial matters on your behalf. This authority can be effective immediately or “spring” into effect only upon a doctor’s certification of your incapacity. Your agent can handle a wide range of responsibilities, including:

• Paying Bills: Ensuring your mortgage, utilities, and other expenses are paid on time.
• Managing Bank Accounts: Accessing funds, making deposits, and writing checks.
• Handling Investments: Overseeing stocks, bonds, and other financial portfolios.
• Filing Taxes: Preparing and submitting your income tax returns.
• Managing Property: Buying, selling, or managing real estate and other assets.
• Applying for Benefits: Handling applications for government benefits like Social Security or Medicaid.

Blaine Frierson takes great care in helping you choose the right agent—someone you trust implicitly, who understands your financial values, and who can act responsibly on your behalf. We draft the document with precision, clearly defining the scope of authority granted to your agent, ensuring it aligns perfectly with your intentions and protects your financial well-being.

Healthcare Directives: Your Voice in Medical Decisions

Equally vital are Healthcare Directives, which articulate your wishes regarding medical treatment and empower a trusted individual to make medical decisions if you cannot. These include:

• Medical Power of Attorney (or Healthcare Proxy): This document appoints a healthcare agent to make medical decisions for you if you become unable to communicate. This could be due to a temporary illness, an accident, or a more permanent condition. Your agent can consult with doctors, consent to or refuse treatments, and access your medical records, ensuring your medical care aligns with your values.
• Living Will (Advance Directive for Healthcare): A Living Will specifically outlines your preferences regarding life-sustaining medical treatments and end-of-life care if you are diagnosed with a terminal condition, become permanently unconscious, or are in an end-stage condition. This document ensures your voice is heard on critical decisions like the use of ventilators, feeding tubes, or CPR, removing the agonizing burden of these choices from your family.
• HIPAA Authorization: The Health Insurance Portability and Accountability Act (HIPAA) protects your medical privacy. A HIPAA Authorization allows your designated healthcare agent and other named individuals (like family members) to access your medical information and communicate with your healthcare providers, which is essential for effective advocacy.

Blaine Frierson approaches these sensitive conversations with empathy and respect. We discuss your values, your beliefs, and your comfort levels with various medical interventions, translating your personal preferences into legally binding documents. Our goal is to empower you to make informed decisions that affirm your autonomy and spare your family from difficult guesswork during emotionally challenging times.

By creating comprehensive Powers of Attorney and Healthcare Directives with the Law Office of Blaine Frierson, you are taking proactive steps to protect your independence, your assets, and your peace of mind. You are ensuring that trusted individuals will act on your behalf, according to your explicit instructions, allowing you to live confidently, knowing your future is secured.