Powers of Attorney & Living Wills

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Unlike a will or trust, powers of attorney give another person, or agent, the authority to make financial or healthcare decisions upon your illness or incapacity. A durable power of attorney can take effect immediately or only upon your incapacity. A power of attorney generally allows you to avoid a “living probate” which is a public trial to appoint a conservator or your person and property. Simply put, powers of attorney reduce confusion about who will take charge of your finances and healthcare decisions when you need help. Our attorneys can help you create powers of attorney designed to ensure that your healthcare and financial decision-making authority is place with persons you trust to care for you.


A healthcare power of attorney allows your representative's ability to make medical decisions for you in case you're unconscious, mentally incompetent, or otherwise not able to get speak for yourself. While not the exact same task for a living will, most countries let you incorporate your tastes on being maintained through life support. Some countries will let you combine regions of the healthcare POA and a living will in a complex healthcare directive.

Suppose you feel mentally incompetent as a result of disease or injury and, at the same time, you've got a power of attorney in consequence. Can the record stay valid? To protect against some other issues, you're able to register a lasting power of attorney. That is merely a general, special, or healthcare POA that includes a durability supply to continue to essentially keep the present ability of attorney.

You could also sign a durable power of attorney to get ready for the risk that you could grow to be emotionally incompetent as a result of injury or illness. Specify at the strength of attorney that it can't get into effect until a health care provider certifies you as emotionally incompetent. You will name a particular physician to who you would like to ascertain your proficiency or require that two licensed physicians agree on your own emotional condition.

A power of attorney is legal only as long as you're emotionally capable once you sign it and, sometimes, incompetent as it moves in to effect. If you believe your mental capacity might be contested, possess a health care provider check it written down. If a power of attorney will not set requirements for determining emotional competence, your broker will still require a written physician's affirmation of incompetence as a way to work on your own behalf. A court might even be asked to choose the competency difficulty in a few conditions.


A living will, despite its title, is not at all like the wills that folks use to leave the land at their departure. A living will also referred to as a directive to doctors or advance directive, is a record that allows individuals to express their dreams for end-of-life healthcare if they become unable to convey their own conclusions. It doesn't have any power after departure.

If you are helping someone with their estate planning (or performing your own), do not miss a living will. It may provide invaluable advice to family members and health care professionals when someone cannot express their wishes. With no record expressing those wishes, relatives and physicians are left to figure what a seriously sick person would prefer concerning treatment. They may wind up in painful disputes, which sometimes make it all of the way into a court.

As an instance, it's common to direct this “palliative care” — that is, maintenance to reduce pain and discomfort — constantly be treated, but that specific “extraordinary measures,” like cardiopulmonary resuscitation (CPR) not be utilized in some specific conditions.

To be legal, a living will have to meet state requirements concerning notarization or witnesses. A living will may be revoked at any moment. The record can take effect the moment it is signed, or just when it is determined that the individual can't communicate their wishes concerning treatment. Even though it takes effect immediately, physicians will rely upon personal communication, not a record, as long as possible.


For representation that can help you turn present-day realities and worries into a family legacy, turn to the Law Offices of Charles R. Frazier. To schedule a low-cost consultation, call 615-267-0125.

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Tax and Estate Planning Lawyer serving clients in Tennessee, Michigan and Texas

At the Law Offices of Charles R. Frazier, we help businesses avoid or resolve tax problems and we protect families with cost-effective estate planning services. As a former IRS agent and veteran of the U.S. Army, Charles R. Frazier has the experience and understanding to find the right solution for your needs. We provide counseling and representation to business owners facing difficulties with the IRS or State Department of Tax Revenue. We also develop plans to help families preserve their hard-won assets so they are prepared in case of death or incapacity. Schedule Now

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