Taking Control of Your Legal Decisions


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Attorney, Susan Court discusses the legal documents that everyone, young and old, should have in place to avoid expensive legal procedures down the road, like guardianships and conservatorships.

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Taking Control of Your Legal Decisions

  1. 1. Taking Control of Your LegalTaking Control of Your Legal DecisionsDecisions ©JacksonWhite, P.C. (2013) All Rights Reserved Presented by Susan B. Court, Attorney at JacksonWhite Law Anticipate the Future with Your Advance DirectivesAnticipate the Future with Your Advance Directives
  2. 2. Vital Documents to Maintain Control Health Care Power of Attorney Mental Health Care Power of Attorney Living Will Financial Power of Attorney Will ©JacksonWhite, P.C. (2013) All Rights Reserved
  3. 3. Health Care Power of Attorney Someone is designated to make health care decisions for you in the event you cannot do so yourself. NOTE: Health Care Power of Attorney now allows for the person you designate to make funeral and disposition arrangements upon your death. ©JacksonWhite, P.C. (2013) All Rights Reserved
  4. 4. Health Care Power of Attorney  Must be notarized or witnessed in writing by at least one adult. The notary or witness must affirm that you are of sound mind and free from duress at the time you sign the HCPOA. ©JacksonWhite, P.C. (2013) All Rights Reserved
  5. 5. Mental Health Care Power of Attorney Someone is designated to obtain inpatient and outpatient mental health care for you in the event you cannot do so yourself. ©JacksonWhite, P.C. (2013) All Rights Reserved
  6. 6. Living Will Allows you to voice you medical wishes to family, friends, and healthcare professionals should you become incapacitated. Designate your stance on life support and other medical treatments. Designate a friend or relative to make medical decisions on your behalf if you are unable to do so. Does not become effective until you become incapacitated. It is important to discuss your living will with those you designate to make decisions for you. ©JacksonWhite, P.C. (2013) All Rights Reserved
  7. 7. Financial Powers of Attorney A written document where a principal (You) designates an agent to act on the principal’s behalf in financial or legal matters. This will take effect immediately or upon your incapacity. You must identify your preference in the FPOA. ©JacksonWhite, P.C. (2013) All Rights Reserved
  8. 8. Financial Powers of Attorney The FPOA must be signed or marked by the principal, witnessed, and notarized. The notary or witness cannot be anyone who is entitled to inherit from you. The language of the power of attorney is important in determining what authority the agent has over the principal’s assets (“general” or “specific”). ©JacksonWhite, P.C. (2013) All Rights Reserved
  9. 9. Financial Power of Attorney A "Durable" Power of Attorney enables the Agent to act for the Principal even after the Principal is not mentally competent or physically able to make decisions. The "Durable" Power of Attorney may be used immediately, and is effective until it is revoked by the Principal, or until the Principal's death. A "Springing" Power of Attorney becomes effective at a future time. That is, it "springs up" upon the happenings of a specific event chosen by the Power of Attorney. Often that event is the illness or disability of the Principal. Proper POA’s now have “durable financial”, “durable health care” or “durable mental health care” in their title. ©JacksonWhite, P.C. (2013) All Rights Reserved
  10. 10. Will A will allows anyone in Arizona the following: The option to designate a Personal Representative to handle their estate. The option to appoint a guardian for any minor children. The option to appoint a trustee to manage property for any minor children. The option to give assets away to people and organizations. ©JacksonWhite, P.C. (2013) All Rights Reserved Why do I need a will?
  11. 11. Contact Us Today www.JacksonWhiteLaw.com www.ArizonaSeniorLaw.com Offering State-Wide Service: 1.800.243.1160 ©JacksonWhite, P.C. (2013) All Rights Reserved