sERVICE
Powers of Attorney
At Salmon Bay Law Group, our attorneys regularly work with clients to create Power of Attorney documents. These documents take effect during an individual’s lifetime and are an essential tool in the estate planning toolbox. Below is some information about the Powers of Attorney documents we create for our clients.
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that allows you to appoint a trusted individual, known as an “attorney-in-fact” or “agent,” to make decisions on your behalf. Having a comprehensive Durable Power of Attorney (DPOA) in place protects your well-being by ensuring that someone is able to manage your affairs if you are unable to do so. A Power of Attorney must be designated as “durable” if it is to protect the signer, also called the “principal,” after they become incapacitated.
Why is it important to have a power of attorney?
DPOAs are especially valuable when individuals become incapacitated and cannot act, whether due to illness, age, or injury. A well-drafted DPOA enables you to choose the persons you want to act on your behalf and ensure that your financial and medical or health care needs are met. An incapacitated person with no DPOAs in place may end up having a guardian or conservator appointed for them by a Court – an expensive and highly intrusive process that strips the person of many rights.
At Salmon Bay Law Group, our estate planning practice generally includes the preparation of two or three types of DPOA documents, depending on a client’s circumstances. We work closely with our clients to create DPOAs that are tailored to their specific needs.
What types of powers of attorney can i make?
A DPOA for Financial Matters appoints an agent to handle your financial and property affairs when you are unable to do so. Your agent is a fiduciary who is required to act as you would reasonably expect and to stay within the limits of their authority under your DPOA.
A DPOA for Health Care Matters appoints an agent to make medical and health care decisions for you if you become incapable of doing so. Your agent is required to exercise “substituted judgment,” instructing your health care providers to do what you would want done, guided by your Health Care Directive (sometimes called a “Living Will”).
A DPOA for Medical Decisions and Nomination of Guardian for Minor Children appoints an agent to make decisions about your minor children’s medical treatment. This document also nominates one or more trusted individuals to serve as guardian(s) of your children if you are not available, whether due to incapacity, illness, or travel.
Common Client concerns
Do I need to make a Power of Attorney?
While Durable Powers of Attorney are not required by law, we strongly recommend having DPOAs in place. These valuable tools provide the peace of mind that comes from protecting your property and health in the case of your incapacity.
Can I revoke a Power of Attorney?
Yes. You can revoke a Power of Attorney at any time, as long as you have the legal capacity to do so.
Who should I appoint as my agent?
We recommend choosing an agent (or agents) who you can trust and rely on to act on your behalf.
- You might choose different persons to serve as your agent for financial matters on the one hand, and health care matters on the other.
- You can name co-agents.
- Your agent does not have to live in your state. If you have no one to name, you can appoint a professional fiduciary company to act on your behalf. Salmon Bay Law Group can provide a list of professionals in the Seattle area who may be able to assist.