No estate plan is complete without designating who will care for you when you can’t care for yourself. Powers of Attorney for Finances and Powers of Attorney for Health Care address these issues. These Powers of Attorney are almost always included in customized and affordable estate planning.
Durable Powers of Attorney for Finance
A Durable Power of Attorney for Finance designates someone to manage your assets if you become disabled or incompetent. Your designated agent does not manage any assets that you place into your Trust because your Trustee has that authority, but if you have assets outside a Trust your agent will have authority to spend on your behalf. Powers of Attorney for Finance are durable under Idaho’s Uniform Power of Attorney Act meaning they are not terminated by your incapacity.
Powers of Attorney for Health Care
A Power of Attorney for Health Care allows you to nominate a person to make medical care decisions if you become too ill to communicate your own decisions about medical treatment. If you don’t have one in place, the state will assign someone such as your spouse, parents, or children to make medical decisions on your behalf. A HIPAA Authorization allows your health care provider to discuss your medical conditions with your health care agent. Note that Idaho law calls the combination of your Powers of Attorney for Health Care and your Living Will an Advance Care Planning Document.
Living Will
A Living Will expresses your end-of-life wishes when you cannot communicate your own decisions and (1) you have an incurable or irreversible injury, disease, illness or condition; (2) your condition is terminal; (3) artificial life-sustaining procedures would serve only to artificially prolong your life; and (4) your death is imminent or you are in a permanent vegetative state. In your Living Will, you can choose the level of artificial life-sustaining treatment you want or don’t want at the end of your life.
Customized and Affordable Estate Planning
All of these important legal documents work together to plan for a day when you cannot take care of yourself without assistance. You can give yourself and your family peace of mind by completing these Powers of Attorney with Legacy Legal Services as part of a Will-based estate plan or a Trust-based estate plan. Contact us to schedule an appointment and find out more.