Gaughan & Connealy provides legal assistance with the creation of a power of attorney. We can also offer advice to people who are acting as agents under a power of attorney agreement, and can help families of incapacitated individuals who did not obtain a power of attorney.
Because incapacity could happen to anyone at any time due to illness or injury, everyone should know what a power of attorney is and how it can protect their future. Our legal team will explain how a power of attorney works, will help you to determine if you need one, and will help you to create one. Give us a call today to learn about the assistance we can offer to you and to find out answers to questions including:
- What is a power of attorney?
- Do I need a power of attorney?
- How can an Overland Park or Kansas City power of attorney lawyer help?
What is a Power of Attorney?
A power of attorney is created in order to give authority to an agent. There are different kinds of powers of attorney which may be created by a principal. A limited power of attorney is used when a principal wants an agent to act on the principal’s behalf only for a specific transaction or in a limited situation. A general power of attorney, on the other hand, gives the agent to act on almost all matters for the principal.
When the agent has been given authority to act, his actions are viewed in the eye’s of the law as the equivalent of the principal acting. If an agent enters into a contract to sell the principal’s house, that contract is legally binding upon the principal, as long as the agent was acting within the scope of his authority.
The fact that an agent acts on a principal’s behalf makes a power of attorney a very important part of creating a comprehensive estate plan. When you create a comprehensive estate plan, you make provisions for what should happen if you become incapacitated. By creating a power of attorney and naming an agent, you can make certain you have chosen and given authority to a person you trust to manage your assets and manage your affairs if something should happen to you.
There are legal rules that must be followed for the creation of a power of attorney. For example, if you want the power of attorney to remain in effect in the event of incapacity (which is the time when it becomes most necessary), the power of attorney has to be durable. If you do not want the power of attorney to go into effect until incapacity, then you would need to create a springing durable power of attorney. An experienced lawyer can offer you advice and guidance on what type of power of attorney is best and can advise you on the steps that must be taken to create a legally valid power of attorney.
Do I Need a Power of Attorney?
Virtually everyone needs a power of attorney. In fact, you should not only consider naming someone who will manage your financial affairs, but also selecting someone to act as your healthcare proxy and make medical decisions in the event you’re unable to make or communicate your choices on medical care. The person who you name as an agent for your general power of attorney may be the same person who you entrust to make healthcare choices, but does not have to be.
You should select someone to both manage your affairs and make health choices because you do not want your family to be put into a tough position. You don’t want your loved ones fighting over who should make choices on your behalf, nor do you want to force your family to go to court to initiate guardianship proceedings to take legal control over your affairs.
How Can a Kansas City or Overland Park Power of Attorney Lawyer Help Me?
Gaughan & Connealy will help you to create a legally valid and enforceable power of attorney that provides you and your family with protection in case of incapacity. With our help, clients throughout Kansas City, Overland Park, and surrounding locations in Missouri and Kansas have been able to control their own destiny. By determining in advance who will make your decisions for you, you can maintain some degree of autonomy no matter what the future brings. Contact us as soon as possible so we can help you to name your agent to act for you if you become unable to handle your own affairs.