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Top Power Of Attorney Questions

August 3, 2022
BY: Lesnevich, Marzano-Lesnevich, O'Cathain & O'Cathain


Elder Law

There are a lot of questions and confusion surrounding elder law, and power of attorney. Many people do not understand what it is, who is eligible for it, and how it will impact a person’s future, as well as their families. 

Who appoints the power of attorney?

Appointing a power of attorney is extremely important regarding your future health and the well-being of your assets. As the principal, the one making the power of attorney, it is your job to sign the document making your power of attorney. This document needs to be witnessed by at least one person and must be signed by that witness. A notary public must witness the principal’s signature in consent and assign their official seal to the document. 

What are the responsibilities of a power of attorney? 

The power of attorney otherwise referred to as the agent will be responsible to make decisions on behalf of the principal. As the agent of the power of attorney, his or her duties would include oversight of the principal’s debt and bills, their property, financial account, business operations, government benefits as well as their principal’s taxes. 

What does a healthcare power of attorney do?

A general power of attorney will handle your financial details, while a healthcare power of attorney will focus on the principal’s medical directives. If the principal is unable to articulate their wishes, it will be the responsibility of the agent of the healthcare POA to make decisions on behalf of the principal. That is why it is crucial for the principal to completely trust their agent, knowing that they will adhere to their wants and wishes regarding medical directives. Even if the agent personally disagrees with the medical directive, they should honor their principal’s requests. Spouses often select one another to be their healthcare POA, and single parents typically name their adult childcare theirs. Knowing that your end months and days will be carried out how you wish should give each power of attorney principal peace of mind. 

How can an elder law attorney help?

Montana elder law attorneys are well equipped to help you navigate this process whether you are the one naming a power of attorney, or its agent. They understand how difficult it can be to make these decisions and are here to help you. For those practicing in elder law at Silverman Law Office, PLLC knows that each client has their own unique story, and concerns. They want to help you establish a plan for your estate, set up your power of attorney, and help navigate how to properly distribute your assets all while considering taxes and each individual’s state law. 

Appoint a general power of attorney, as well as a healthcare power of attorney before it is too late. Your care and legacy depend on selecting an agent that will support and carry out your instructions. Don’t wait to make a plan for now, and for your future. Reach out to an elder law attorney today!