Power of Attorney Lawyers in Greenville, North Carolina

Designating a power of attorney is a crucial part of being prepared for unforeseen circumstances. It not only safeguards you against unforeseen circumstances, but also ensures that your wishes and intentions are fully understood by your loved ones.

At The Graham, Nuckolls, Conner Law Firm, we recognize the importance of planning ahead and safeguarding your interests. Our team of experienced attorneys is committed to guiding you through this process, empowering you to make informed decisions with a power-of-attorney plan that aligns with your specific wishes.

What is Power of Attorney?

Power of attorney (POA) is a legal arrangement that lets you appoint a trusted person to make decisions on your behalf when you are unable to do so; for example, during medical emergencies or cognitive decline. It is a proactive step that ensures your interests are represented in specific situations or for a designated period. Depending on your needs, a power of attorney document can cover financial matters or general legal matters.

Types of Power of Attorney

When it comes to power of attorney, there are different routes available to cater to your specific needs. While many people opt for a general power of attorney, it’s essential to explore the choices that best suit your circumstances.

General Power of Attorney grants broad powers to your chosen person, empowering them to act on your behalf in various legal and financial matters. A General Power of Attorney may allow your agent to do almost anything in your name that you can, including operating a business, applying for benefits, buying or selling property, or making gifts.

Special Power of Attorney is more specific, allowing you to give someone limited power or to appoint different people to manage specific aspects of your affairs. For instance, you might want to give someone the power to sell a piece of property.

Healthcare Power of Attorney, also known as a Medical Power of Attorney or healthcare proxy. This arrangement enables you to designate someone who can make medical decisions on your behalf, but doesn’t give them control over your finances or other affairs.

 

At The Graham, Nuckolls, Conner Law Firm, we are dedicated to helping you navigate the complexities of power of attorney and estate planning. Take the first step in creating a strong power of attorney plan tailored to your wishes and best interests by scheduling a consultation today.

Frequently Asked Questions

At what age should I appoint a power of attorney?

There is no specific age requirement for appointing a power of attorney. However, it is generally recommended to consider appointing a power of attorney as you reach adulthood and start making important decisions. It is never too early to plan for unexpected circumstances where you may become unable to manage your own affairs. Any of us could be hit by a bus and require assistance.

What happens if I become incapacitated and don't have a power of attorney?

If you become incapacitated and do not have a power of attorney in place, choices about your finances and healthcare may be turned over to someone you would not have chosen to act on your behalf. It may be necessary for your loved ones to petition the court to appoint a guardian to make decisions on your behalf, which can be time consuming, expensive, and may not align with your preferences.

Can a power of attorney act against my wishes or make decisions I disagree with?

A power of attorney has a legal duty to act in your best interests and according to your wishes. They should not act against your wishes or make decisions you disagree with. If a power of attorney fails to fulfill their duties, they may be subject to legal consequences. However, it is important to choose a trusted individual who understands your values and preferences when appointing a power of attorney, and you may decide to include protections and limitations within the power of attorney.

What is the difference between a healthcare power of attorney and a living will?

A healthcare power of attorney and a living will serve different purposes. A healthcare power of attorney allows you to appoint someone to make decisions on your behalf if you become incapacitated. On the other hand, a living will (also known as an advance healthcare directive) outlines your preferences for end-of-life care. Both documents can work together to ensure your wishes are respected in different situations.

Will my power of attorney still retain control after I pass away?

No, a power of attorney’s authority ends upon your death. After you pass away, the management of your affairs typically transitions to an executor named in your will or to the administrator of your estate if there is no will. It is important to have a comprehensive estate plan in place that includes provisions for the distribution of your assets and the appointment of an executor or administrator.

Resources

North Carolina Administrative Code: Real Estate Commission

 

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