Stay Empowered with a Power of Attorney
One of the most important decisions you can make for your future is designating an “agent” to make decisions on your behalf when you cannot speak for yourself. Protect your business, family, and future by selecting a representative to speak on your behalf should you be unable to speak for yourself.
Husker Law’s experienced Power of Attorney (“POA”) attorneys are equipped to advise you while planning your future from the inevitable to the unexpected. While the process feels overwhelming to address, Husker Law’s team will guide you through the complex decisions in easy and actionable steps:
- Decide what type of POA your health and assets require.
- Designate a suitable agent.
- Decide what your designated agent will have, e.g., legal and/or medical decision-making power over.
- Complete and file the appropriate forms on your behalf.
It’s that simple, and you and your family can rest easy knowing that your future is secure, no matter what comes next.
Why a Power of Attorney?
Executing a POA when you are of sound mind can help you avoid legal complications should an illness leave you with diminished capacity or the inability to make legal decisions in person due to your absence.
In the event that you become unable to make legal and/or health decisions on your own, and you don’t have a legally executed POA, the court can determine who they believe is best equipped to make life and future altering decisions on your behalf. This can lead to infighting and conflict in an already troubling time for those you care most about. Grant yourself and your loved ones’ peace of mind by ensuring that your wishes are honored, no matter what.
Types of Power of Attorney
Health Care
It doesn’t always occur to clients to select a Health Care POA unless they are already facing a health crisis, but it is advisable to have an agent designated in advance should the unexpected occur.
If you are medically incapacitated, the agent designated in your Health Care POA can make decisions on your behalf regarding:
- Medical treatments,
- Surgical procedures,
- The release of your medical records,
- The use of artificial life preserving methods like ventilation and nutrition,
- Potential organ donation, and
- Other health and wellness related care.
They are also there to advocate for you regarding issues like a “Do Not Resuscitate Order” and your Living Will, if applicable.
Your Health Care POA will become effective immediately upon execution but will only become active if your health care team has declared you to be medically and/or mentally incapacitated. Be sure that you have a very frank and thorough conversation with your designated agent about your wishes.
General
General POAs grant a more inclusive authority to your designated agent, allowing them to make financial, business, real estate, legal, and health care decisions that you are temporarily or permanently unable to make.
This POA is not to be used in a medical emergency and expires upon your incapacitation or death. A General POA can be utilized for a number of reasons, including extended travel, incarceration, and more permanent conditions like dementia and diminished capacity.
A General POA may allow the designated agent to pay bills, buy or sell property, sign contracts, and manage finances on your behalf.
Durable
Unlike a General POA, a Durable POA remains effect when the Principal (that’s you) become incapacitated, or at a time or occurrence when the Principal determines the time has come for the Durable POA to take effect. Your designated agent’s authority granted in your POA ends upon your death. Most POA forms can be made “durable”, i.e., you designated agent’s authority taking effect upon your incapacitation.
A Non-Durable POA, on the other hand, ends at your incapacitation. These are often executed when you have planned extended travel or a known temporary health complication and anticipate the need for a short-term legal proxy.
Special or Limited
This is where you and the Husker Law team will have to get specific. You can grant your agent or agents authority over a limited range or singular task such as:
- The sale of property,
- Access to funds from a singular account or asset, and/or
- Filing the Principal’s (your) taxes.
The authority of a Limited POA may be revoked at any time by the Principal (you), and/or immediately after the predetermined task has been accomplished.
What Will Your Husker Law Experience Entail?
When you come to Husker Law to prepare your POA, you will start with a consultation with our team of highly experienced attorneys. Our skilled attorneys have managed to navigate even the most complex legal issues our clients have experienced and are fully prepared to see you through this process with ease. Step by step, your desired POA(s) will be customized to address every detail of your wishes, and your legal document will be drafted, reviewed, and executed by an experienced Husker Law team member you trust. And while that’s all that’s required of you, it’s only the beginning for us. Husker Law offers continuous ongoing support and maintenance of your POAs.
Peace of mind starts now at Husker Law.
Don’t wait for unexpected events to force decisions on you, your family, and business. Plan for tomorrow and schedule your consultation with Husker Law today.
Schedule a Consultation with an Omaha Power of Attorney Lawyer
If you've been searching for a "power of attorney lawyer near me," the experienced attorneys at Husker Law are here to assist you. Contact our office to book a meeting with an experienced POA attorney in Omaha.
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