There’s a lot to find out there regarding power of attorney, but something you may not be aware of is whether or not it will eventually expire, so let’s do that right now.

What we do know about power of attorney is that it is given to a person so that they can make decisions on behalf of someone who cannot. We also know that there are different types of power of attorney documents for different needs a person may have (like a health care power of attorney). But it’s only natural to wonder if it expires. You may think that a power of attorney would expire after death (logically), and if so, you are correct.

Every power that was granted in a durable power of attorney ends upon the death of whoever created the document. At that time, the person (or agent) who had been appointed power of attorney has no further duties, rights, or responsibilities.

If there is a will, the executor named therein becomes responsible for gathering up any property owned at death and then distributing it according to the instructions in the will. If directions are left in a trust, however, then it is the successor trustee who is responsible for this part.

If there is no will or trust, but there is property to distribute, then it will be done according to intestate succession laws. These normally will follow a hierarchy or sorts that depends on the closeness of the relationship between the survivors and the deceased.

Intestate laws also control who is authorized to direct both how and where a person should be buried or cremated if he or she left no instructions regarding that matter. Again, there’s normally a hierarchy to follow, starting with the nearest relative.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

You might know an advance directive by one of its other names, a living will. And what it does is it allows you to make your wishes known in regard to your medical treatment at such a time that you are unable to communicate those wishes on your own. However, before the advance directive can start working on your behalf, there are a few things that need to happen first. It must be certified by two physicians that:

 

• You are unable to make any medical decisions on your own.
• You are currently in the condition that is stated in the state’s “living will law,” like permanent unconsciousness or some form of “terminal illness.”
• Be aware that other conditions may also apply, but this can vary from state to state.

The following would also be beneficial to keep in mind as well:

• If you are unable to make your own decisions, but then regain consciousness, the person you named in your medical power of attorney (the agent) cannot keep making medical decisions for you.
• A lot of states also have more requirements that are applicable only to those decisions concerning any life-saving or life-sustaining medical help.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.