At a certain stage in your life, you might decide to grant a trusted person the right to make some decisions on your behalf. This might be because you trust their expertise, are growing older, or face medical issues that inhibit your ability to make important choices. In such a case, you can implement a power of attorney. At Schlagel Long, LLC, we have been guiding clients through power of attorney matters for years.

Our Kansas POA lawyers are intimately familiar with the legal process of drafting and enforcing the documents, and we will provide personalized counsel to make sure all your concerns are addressed in your power of attorney. Let us help you protect your present and your future.

For unique, one-on-one legal guidance in your Kansas power of attorney matter, contact Schlagel Long, LLC. Schedule your free initial consultation online or at (913) 782-5885

A power of attorney is a legal document that gives another person, called the attorney-in-fact, legal powers to make certain decisions on your behalf. The specific powers granted will depend on the terms of the document. The person who makes the power of attorney is called the principal. The legal obligations of a power of attorney terminate upon your death or when you become incapacitated (unable to make or communicate your decisions).

When you have become incapacitated due to a physical or mental condition, you may enact a durable power of attorney that can advocate for your medical care and make certain financial decisions. Some examples of medical-related powers that may be granted include hiring or firing healthcare providers for the principal and consenting or withdrawing consent to medical treatment or care.

A Durable Power of Attorney Must Meet the Following Requirements to Be Valid and Legally Enforceable:

• be in writing with words of intent that you conferred authority to be exercised in the event of your subsequent incapacity;
• be appropriately dated;
• be signed in the presence of 2 adult witnesses who aren’t related to you, financially responsible for your care, or taking under your will (alternatively, you may have the document notarized).

Note that durable powers of attorney should be frequently updated because banks and other financial institutions may hesitate to honor a power of attorney that is more than a year old.

In many cases, healthcare powers of attorney are created as part of an advance healthcare directive that designates your medical care preferences.

Keep in mind that the powers in the document only come into effect upon the principal’s incapacity, unless specifically written to come into effect earlier. Healthcare powers in particular may actually continue after the death of the principal to allow for the arranging of organ donation, autopsy, or burial or cremation of the body.

There are many nuances to powers of attorney, especially as certain types of powers govern different areas of your life. An experienced Kansas power of attorney expert can better help you make sense of the powers you are giving to another person, which is particularly important if you become incapacitated.

Our Kansas law firm also has significant experience with healthcare-related directives and documents, so we can take a multi-prong approach to drafting and analyzing your power of attorney that might contain financial and medical provisions. We will make sure your rights are being appropriately addressed and protected by the language of the law and your legal contracts.

Schedule a free initial consultation with an Kansas POA attorney at Schlagel Long, LLC online or at (913) 782-5885 to get started.