Delaware Power of Attorney
Have you ever wondered what would happen if you were injured in a car accident and unable to make decisions for yourself. There are two documents, if prepared now, would give the power of decision making to someone you trust. A Delaware medical power of attorney is the one you need to have for your health care needs. Money matters are handled with a Delaware financial power of attorney.
These two power of attorneys belong in your estate plan next to your will. Most power of attorneys become automatically void if you are declared mentally unfit to make decisions for yourself. Durable power of attorneys are just the opposite, they become effective at anytime a doctor declares you mentally incapacitated for any reason.
A durable medical power of attorney can also include a health care directive. This would include a set of instructions for your attorney-in-fact and health care providers to follow. If you have spelled out a very specific set of wishes and desires concerning your health care, the main job of your attorney-in-fact is to oversee your health care providers, making sure your instructions are followed.
It is a good idea to check with your Delaware estate planning attorney to make sure you have these documents on file. If not, maybe it would be a good time to make an appointment and discuss their importance to you as a Delaware resident.
In Delaware, the person you name to handle your affairs is called an attorney-in-fact. If your attorney-in-fact is your spouse, as is often the case, be sure to change all of your power of attorneys in the event of a divorce. Your power of attorneys remain in effect, even after a divorce, and you could wake up from a comma, years down the road, to find your ex has taken everything from you. Most of the time many documents need changed when a divorce occurs, don't forget your power of attorneys.
It is always a wise idea to have a alternative attorney-in-fact listed in your power of attorneys. Your Delaware power of attorney is automatically void if your attorney-in-fact cannot be located, having a back up could prevent this from happening.
Delaware power of attorney forms are available at Legal Zoom. They can be used for everyday matters as well as estate planning. If you are going to be out of town at the same time as a real estate closing, use a special real estate power of attorney, and have your agent handle the paper work for you. A power of attorney for children could be used to have your aunt enroll your child in school if your were unable to.
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