Miller Estate and Elder Law: Durable Powers of Attorney and Advanced Directives

Durable Powers of Attorney and Advanced Directives

Feb 13, 2024

We're breaking down the basics of durable powers of attorney and advanced directives for healthcare in this episode of the podcast. These are crucial parts of estate planning, and understanding them can make a big difference for you and your loved ones.

What's a durable financial power of attorney? It's like a safety net. If something happens and you don’t have the capacity to handle your finances, this document lets someone you trust step in and make decisions for you.

Beware: not all powers of attorney are created equal. We're talking about an "enhanced" durable power of attorney. It's got extra protections built in, like safeguards for your assets.

Advanced directives for health care lay out your wishes for medical care in case you can't speak for yourself. It includes things like a living will and a medical power of attorney.

That medical power of attorney is critically important because it includes HIPAA authorization. That gives your chosen person the power to talk to your doctors and make decisions about your care.

We're urging you to think ahead. Make informed choices now so that if a crisis hits, your wishes are clear, and your loved ones aren't left guessing. It's all about avoiding disputes and ensuring your peace of mind.

Takeaways:

A durable financial power of attorney is a must-have for estate planning. It lets someone you trust handle your finances if you can't.
Choose your power of attorney wisely. They need to be responsible and trustworthy.
Look for an enhanced power of attorney with asset protection provisions. It's worth it.
Advanced directives for healthcare are essential. They ensure your medical wishes are followed and someone you trust can make decisions for you.
Don't forget that HIPAA authorization in your medical power of attorney. It's key to keeping everything running smoothly.

Chapters

00:00 Introduction to Durable Powers of Attorney and Advanced Directives

01:50 Importance of Durable Financial Power of Attorney

04:19 Choosing the Right Power of Attorney

05:43 Co-Agents and Backup Power of Attorney

07:16 Springing Power of Attorney

09:01 Standard Power of Attorney vs Enhanced Power of Attorney

11:29 Extra Powers in an Enhanced Power of Attorney

14:11 Importance of Properly Drafted Power of Attorney

17:24 Importance of Power of Attorney for Spouses

19:12 Consequences of Not Having a Power of Attorney

20:39 Introduction to Advanced Directives for Healthcare