Omaha Powers of Attorney
Planning for your future can be an incredibly stressful and confusing process. You cannot predict what will come in life. You may also not be sure how your finances or medical treatment will be handled if you ever become seriously ill or develop dementia or Alzheimer’s. When you review your options, you may find yourself buried under complex laws and strange legal terms. But an important tool you can utilize in estate planning is deciding on powers of attorney.
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By granting someone you trust the power of attorney, you are establishing that they can make important decisions about your finances or well-being if you are ever incapacitated or unable to make decisions for yourself. But how do you go about crafting one of these legal documents, and who should you pick to represent you? Bottlinger Law L.L.C. can help you decide who you should nominate for powers of attorney, and we can also help you draft the necessary paperwork. For more information, please call us at (402) 505-8234 to schedule a free consultation.
Powers of attorney can be outlined in a legal document that assigns a certain trusted individual the power to make decisions about your finances, property, or medical treatment if you are unable to do so. Traditionally, if you do not have powers of attorney established, these decisions will be handled by your close family members, such as a spouse, parent, or child. But what if they are not capable of making those decisions? What if your family lives out of state?
This is where assigning powers of attorney can be incredibly important. By drafting this document with an experienced lawyer, you can ensure these important life decisions will be handled by someone you trust. The person you assign to handle these decisions may be referred to as an “agent” or “attorney-in-fact” and can legally represent you in financial or healthcare matters.
Most people who choose to assign an agent powers of attorney are older adults who are worried about their future, often because they have certain medical conditions that will affect them later in life. Dementia, Alzheimer’s, and other degenerative brain conditions can heavily impact a senior’s ability to make informed decisions.
While some people may trust their closest family to handle these matters for them, others may not have family nearby or any living family at all to make those important decisions. By assigning someone you trust to be your agent, you can ensure that your interests will be protected, including if you are admitted into a nursing home or long-term care facility. Otherwise, if you do not establish powers of attorney, then a court may need to step in and assign guardianship to someone close to you, which can make matters more complicated and delay important treatment decisions.
Powers of attorney can be broad, and may encompass a wide variety of issues or be focused on specific issues. Depending on what you outline with your lawyer, the agent can make decisions about:
- The buying and selling of real estate
- Filing personal injury claims
- Handling your bank accounts and savings
- Filing your taxes
- Paying your bills
- Consulting with doctors about medical treatment
- Refusing treatment on your behalf, such as for religious reasons
- Moving you out of an unsafe nursing home
- Making end-of-life decisions
In Nebraska, people typically choose between a durable power of attorney, which handles financial matters, and a healthcare power of attorney, which handles medical decisions. A separate agent can be assigned for each issue, or you can assign one person to handle all of these decisions.
This power of attorney gives someone permission to make financial property decisions for you either when you are incapacitated or, if you decide, when you are healthy. Giving someone this power of attorney will give you peace of mind knowing that someone you trust will be handling your financial estate properly if anything happens to you.
This power of attorney grants someone permission to make health care decisions when you are unable to make them yourself. It can only take place when you are in a critical state where you are unable to make decisions, such as a coma or on life-support.
Most people do not want to think about the serious consequences of aging and the difficult decisions that we must make as we grow older. But it is important to make sure that your wishes are respected by someone you trust. To do that, you may need to establish an agent with powers of attorney.
Developing an estate plan is a difficult process that requires a thorough understanding of Nebraska state laws. That is why you should let the Omaha estate planning attorney at Bottlinger Law L.L.C. explain all of your options. Our knowledgeable and compassionate legal team can handle the process of establishing powers of attorney and ensuring your estate is taken care of. To discuss your case, call our office at (402) 505-8234 and schedule a free consultation.
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