Estate Planning Attorney Andrew Hook Clarifies Power of Attorney and Guardianship
Dec 15, 2014
Virginia Beach, VA (Law Firm Newswire) December 15, 2014 – When a person becomes incapacitated and is no longer able to make medical, financial or legal decisions, it becomes necessary for another person to step in and make decisions on his or her behalf. Power of attorney and guardianship are two vehicles by which this may occur.
A power of attorney is a legal document which a person uses to designate someone to act on his or her behalf if he or she is incapacitated. A power of attorney can be general, granting the agent power over all of the individual’s affairs; it can also be more specific, and apply only to certain accounts or transactions. A health care power of attorney can also be established and appoints an agent to make health care decisions.
“Power of attorney gives individuals the assurance that someone with their best interests in mind will be making decisions for them if they are too sick to do so,” said Andrew Hook, a Virginia estate planning attorney with Hook Law Center, with offices in Virginia Beach and northern Suffolk.
Hook recommends that people discuss their wishes with their agent early on, and that the agent know where to find copies of relevant legal documents.
In contrast, guardianship is used in cases where a person is incapable of making decisions due to mental disability, such as dementia or severe mental illness. In such cases, a court can appoint a guardian to make decisions on behalf of the disabled individual. The guardian can then make financial, legal, and health care decisions on behalf of the individual.
Guardianship is broader than power of attorney, and there is more court oversight in the process. The court will only appoint a guardian when a power of attorney is not a feasible option.
Learn more at http://www.hooklawcenter.com/
Hook Law Center
295 Bendix Road, Suite 170
Virginia Beach, Virginia 23452-1294
5806 Harbour View Blvd.
Suffolk VA 23435
- Seniors and their families should apply good judgment in considering nursing home placement services
Nursing home placement services, which offer to help find the perfect housing for seniors, are a growing trend in elder care. These services are offered for no charge, and they claim to demystify the world of elder care facilities. However, seniors and their families should use good judgment in choosing a nursing home placement service. […]
- Aid and Attendance benefit can help veterans who need long-term care
Veterans who need long-term care services like in-home care or residence in a nursing home can receive financial assistance through the Veterans Administration (VA) pension benefit Aid and Attendance. This often-overlooked benefit provides money to veterans who need help with day-to-day tasks. The pension is designed for veterans and surviving spouses who require help to […]
- Older people without children may wish to designate a caregiver
Older adults who do not have children do not have the built-in support system from which many people with children benefit, which puts them at risk if they become ill or injured. In order to ensure they receive good care that is in alignment with their wishes, these individuals should designate a caregiver while they […]
- To help prevent elder abuse, address caregiver stress as it emerges
Elders are among the most vulnerable populations, and they are at special risk for abuse at the hands of their caregivers. Caregiver stress is one of the biggest contributing factors to elder abuse, and stressed-out caregivers are the most likely to abuse. Depression and anxiety are common among caregivers, who often provide hours of care […]
- How to make homes safer for seniors
Older adults who continue to live independently at home will need a safe space in which to live. Making the home safe is essential for preventing injuries. Each year, around 7,000 elderly people die in accidents at home, while millions more sustain serious injuries there. Falls are the most common cause of injury. Drowning in […]