Funny how your parents cannot see your college grades without your permission —even if they are the ones paying for your education.
If you are 18 and single, the good news is that you are an adult. The bad news is that if you should have a medical emergency, your parents cannot make any medical decisions or act for you. That is why we want to introduce you to the concept of a Power of Attorney (“POA”).
Power of Attorney Overview
A power of attorney is a legal document in which you appoint someone to act for you on your behalf.
The power given in the POA can be temporary or permanent, and it can be limited to a particular activity (making medical decisions for you) or it can be general in its application (handling all of your financial affairs).
It is also flexible as to when it is effective. The POA can be set up to take effect immediately, or only upon the occurrence of some event, like your incapacity. Because each state has its own rules and requirements for executing a power of attorney, is it best to have it drafted by experienced counsel.
Durable Health Care Power of Attorney.
Single adults over 18 need to have a Healthcare/Medical Power of Attorney and a Mental Health Care Power of Attorney. These documents give a person of your choice the legal authority to make health care decisions (including life and death decisions) for you if you are unable to make them for yourself.
It is important to have such documents because, as an adult in Arizona, unless you have a Healthcare/Medical Power of Attorney and a Mental Healthcare Power of Attorney in place, no one can make these decisions for you should you become incapacitated. In other words, if you are in a car accident, boating accident, shooting accident, work accident, bar fight, or just plain freak accident and you end up in a coma, without having your healthcare documents in order, the government (nurses, doctors and eventually the courts) will decide whether you should be kept alive artificially or not.
Wouldn’t you rather be the one making the most important decision — literally— of your life?
So get your healthcare documents in place. And while you’re at it, why not have competent counsel draw up a Simple Will and Financial Durable Power of Attorney— just in case.
Premiere Estate Planning
At Esser, Bradley and Khalsa, our estate planning attorneys will work with you during a FREE consultation to discuss your specific needs. Don’t wait! Contact us today to set up your free appointment.