Tucson Power of Attorney

Statistics show that you will likely need long-term health care at some point in your life. According to a 2009 estimate, more than 42 million Americans provide care to an adult with limitations in daily activities.

If you be­come mentally or physically disabled, such that you are unable to manage your own affairs, the probate court will appoint someone to take control of all your assets and personal affairs. This process is called Living Probate and is often expensive, time-consuming, and humiliating.

What will you do if you or a loved one becomes disabled? Do you have a plan of action in place?

Incapacity Planning

Incapacity planning involves making decisions in advance of a physical or mental disability where you are unable to take care of yourself.

In your plan, you state your wishes regarding how you will be cared for and you give somebody else, such as a spouse or adult child, the power to make financial and health care decisions on your behalf.

Depending on your particular situation, incapacity planning could include a number of techniques to spell out your decisions regarding everything from paying your bills to making critical medical decisions. This includes creating a Durable Power of Attorney for financial matters, Durable Power of Attorney for Healthcare and a Living Will.

Do You Need a Power of Attorney?

If you do not want a judge in court deciding what happens to you and your assets, you need a power of attorney.

Anyone, of any age, could become involved in an accident or could suffer some type of unexpected medical emergency, like having a stroke or a heart attack. If you are taken to the hospital and cannot communicate your decisions on medical care, someone is going to need to make choices for you on important care decisions.

If you make a power of attorney, you get to be the person who decides who makes your decisions and manages your assets.

If you don’t make a power of attorney, then the court gets to decide who is in charge.  That person might not be someone you would have trusted or someone who shares your views on medical choices and asset management.  This is a bad situation, as your future will be in the hands of whomever the court feels is appropriate.

If your accident or illness leaves you impaired and unable to make decisions on a temporary or permanent basis, someone will also need to step in and start managing your affairs. Someone is going to need to take care of your property and assets, decide where you live, and decide how you will be cared for.

Your family is also going to be in a bad situation if you have not made a power of attorney and something happens to you. They’ll be forced to go through complicated guardianship or conservatorship proceedings so the court can name a guardian. As this process unfolds, the value of your assets could be declining because no one is actively managing your wealth or acting with the authority to make decisions. 

How can a Tucson Power of Attorney Lawyer Help You?

A Tucson power of attorney can provide you with assistance in creating a power of attorney that is legally valid and that provides the expected protections for you and your loved ones.

Speak with Kinghorn Law about how our legal team can assist you with power of attorney creation. We can also offer advice to those who have been named as an agent and who must assume their role as a power of attorney.