Wednesday, October 3, 2012
A Power of Attorney is a document that allows another person to make decisions and sign documents on your behalf. These are important documents in estate planning. Typically a husband and wife will grant one to the other, to take effect in the event of a disability or incompetency. If the spouse becomes incompetent, then the Power of Attorney takes effect and you do not need to go to court to get a Guardianship set up (saving time and money).
What if you have adult (over age 18) children, who are not married? If they do not have a Power of Attorney, and become incompetent (as a result of an illness or injury), then it may be necessary to go through the expense of a guardianship to legally care for them. They are no longer minors that you have the legal authority over. This becomes relevant as they graduate from high school or enter life on their own.
I would strongly suggest talking with your adult children about them giving a Power of Attorney to you or someone they trust, to make decisions and care for them if they become incapacitated.
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