Keeping the Court Out of Your Personal Decisions
June 1, 2009
Gina M. Barry, Esq.
Every year, numerous petitions are filed with the court seeking the appointment of a guardian to make decisions for a person who has lost their ability to make their own decisions whether due to physical or mental illness. This process is expensive, lengthy and public. Fortunately, you can almost always keep the court out of your personal decisions by executing two fairly simple documents - a Durable Power of Attorney and a Health Care Proxy.
A Durable Power of Attorney is a legal document in which you name someone to make your financial decisions if you are unable to make them. Spouses, children, relatives and trusted friends are the most obvious choices, but care must be given to selecting the best person for the task, as this person will have complete control of your assets. Since the person selected in your Durable Power of Attorney will enjoy full access to your finances, there is potential for abuse. Thus, ...
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by: Gina M. Barry
Prime
June 2009
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