Power of Attorney Carpenter Law Firm, P.C. Attorneys Albuquerque New Mexico

Power Of Attorney

A power of attorney is the grant of legal rights and powers by a person (called the “principal”) to another (the “agent” or “attorney-in-fact”). The attorney-in-fact stands in the shoes of the principal and acts for him or her on financial, business, health care decisions or other matters. In most cases, even when the power of attorney is immediately effective, the principal doesn’t intend for it to be used unless and until he or she becomes incapacitated.

Representative or Protective Payee
This is a person appointed to manage Social Security, Veterans’ Administration, Railroad Retirement, public assistance or other state or federal benefits or entitlement program payments on behalf of an individual. The representative or protective payee acts much like an attorney-in-fact, but for the limited purpose of a particular program.

Conservatorship
In some states, a guardian proceeding for an adult is called a “conservatorship.” Like a guardianship, a conservatorship is a court-supervised arrangement for a person who cannot handle his or her own affairs (called the “conservatee”). The person appointed to oversee the affairs of anther is called the “conservator.”

A conservatorship can cover the “estate” only (meaning the conservatee’s financial matters) or it can cover the “person” (meaning the conservatee’s physical well-being), or both (called a “conservatorship of the person and the estate”).

A conservatorship proceeding can be voluntary, where the person needing assistance (called the “conservatee”) petitions the probate court to appoint a specific person (the “conservator”) to manage his or her affairs.

Such a proceeding can also be involuntary when the proposed conservatee opposes having someone appointed to oversee his or her affairs. When the proceeding is involuntary, it goes before a judge for a trial to determine if the proposed conservatee has the capacity to handle his or her own affairs.

Revocable Trust
A revocable or "living" trust can be set up to hold an older person’s assets, with a relative, friend or financial institution serving as trustee. Or the older person can be a co-trustee of the trust with another individual who will take over the duties of trustee should the older person become incapacitated.

Living wills- sometimes called “health care directives”- are for adults of all ages, not just the elderly. Some of the most famous court cases about the right to die have involved those in their 20s.
There are good reasons to write down your wishes about end-of-life medical care:

You might be too sick to express yourself when the time comes
Your family might disagree about what to do, which leaves doctors in a tough spot and more likely to keep you on life support.

You can help your family with the really tough decision of whether or not to take you off life support
Living wills often include legal protection for doctors and hospitals, so they don’t get sued for honoring your request.

Different states have different rules for what living wills should cover, but they all allow you to decline aggressive life support if you’re close to death, without affecting your right to get pain medicine or other “comfort care.”

Nor is refusing medical treatment considered suicide; it’s not illegal or immoral to let nature take its course.

You can also express your views by writing them down. And talk with your family and doctor to give them an idea of what type of medical condition you would not want continuing treatment for. Is it not being able to talk with your family, or to recognize people and express your thoughts in some way? You might learn that your doctor isn’t willing to follow your wishes. If so, find a new doctor.