Ongoing power of attorney procedure
Every person has the right to live his life as he chooses. A durable power of attorney is a legal tool designed to allow us to exercise this right, when we are unable to express our will in the matter. This, due to a physical or mental limitation, which denies us legal qualifications, temporarily or permanently.
Determine today who will take care of us tomorrow
A durable power of attorney allows any person, from the age of 18 or older, who is legally competent, to write, through a lawyer, a document in which he beautifies the power of another person to take care of his affairs when he is unable to do so. In this way, we actually determine today, while we are lucid, who will take care of us tomorrow, if God forbid we lose our legal capacity. This tool is relatively new and until recently, the only option for this matter was the appointment of a guardian. However, this appointment is made by the court and this after we already lose our ability to manage our affairs. And hence, that our influence on who will take care of us is very small, if it exists at all. On the other hand, when drawing up a lasting power of attorney, all judgment remains in our hands, we settle this matter in advance and decide ourselves who will take care of us and what matters he will be authorized to take care of.
Who can be appointed as a power of attorney?
With the exception of certain limitations established by law, we can appoint whoever is chosen as our power of attorney. We will emphasize that this is a very heavy responsibility and therefore we must choose for the position someone who is close to us, knows us well and that we trust to take care of our rights optimally when the time comes. Also, of course, you have to make sure that that person wants to be our power of attorney and that he has the time and ability to do the job. As part of a continuing power of attorney, we decide what the extent of the powers of the power of attorney will be and we can also appoint several power of attorneys and divide the responsibilities among them. Also, the law allows us to include in the document detailed instructions on how to carry out the powers given to the power of attorney.
Do you need a lawyer?
Due to the great importance of a lasting power of attorney, there is an obligation to contact a family lawyer for the purpose of drafting it and moreover, specifically, to a lawyer who has undergone dedicated training for this purpose by the general guardian. We note that when it comes to a medical power of attorney only and not one that also refers to property matters, the party approving the power of attorney can also be a doctor, sibling, psychologist or social worker. However, due to the extensive legal implications of a durable power of attorney, it is recommended to consult a lawyer in this matter. In this way, we will be able to get an extensive explanation of the meanings of this document, of the existing alternatives, that is, the appointment of a decision supporter and the appointment of a guardian and other important and essential information.
