Durable Powers of Attorney

A properly drawn Durable Power of Attorney is a critical document that anyone over 55 or younger if an individual may possess a potential medical debilitating condition.  In the event that someone has a stroke or other medical condition which would render them unable to conduct legal affairs, it is critical that a Durable Power of Attorney be executed.  Durable Power of Attorney is a document which provided that someone is appointed as their legal agent to sign on their behalf in the event that they become incapacitated or out of the country.  Without such a document a complex legal proceeding called an Interdiction would be required which is complicated and expensive.

Example of Necessity

For example most clients own a qualified retirement plan such as an IRA or 401K.  Under Federal Law this is a separate asset of the individual who is named on the IRA.  For example if the husband who has a company IRA has a stroke and monies need to be withdrawn out of that IRA to pay for medical or nursing home expenses or living expenses, the spouse has no legal right to withdraw such funds.  While a spouse is typically the beneficiary in the event that an individual dies the spouse is not a beneficiary in the event that someone becomes incapacitated.  Without having a properly executed Durable Power of Attorney, the legal interdiction would be required.

Ted W. Hoyt practices in Durable Powers of Attorney.

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