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Powers of Attorney

Kentucky Estate Planning Lawyer Advises on Power of Attorney Documents

Lexington attorney assisting clients to transfer decision-making authority in case of incapacity

Sudden illness or injury can leave anyone totally incapacitated. Or, the infirmities of age can compromise an older adult’s ability to fully function independently. Under such circumstances, concerned loved ones may feel compelled to act, but may lack the legal authority to do so. This can delay essential care, threatening your loved one’s health and welfare when he or she is most vulnerable. To protect your loved ones, you need clear legal authority to make decisions if they are unable to do so. Law Office of Roland P. Merkel can help you draft and execute durable power of attorney documents so you can be certain about your authority when a loved one needs you most.

Powers of attorney that fit your loved one’s needs

Powers of attorney are documents that convey legal authority to act in the name of another person for his or her health and welfare, financial management, or management of special circumstances. A power of attorney can grant broad authority or be very limited in scope to grant specific powers during a specific period of time (such as, obtaining medical attention for children when staying with or travelling with those other than parents;  selling or buying an asset within a determined price range and a determined period of time). I help you prepare for contingencies based on the specific circumstances surrounding you and your loved ones. However, generally speaking, powers of attorney address three main areas of concern:

  • Financial management. When your loved one is incapacitated, bills and taxes still come due. Your loved one may have financial assets, such as stocks, stock options, bonds, or royalties, which require oversight. Having the authority to manage your loved one’s finances if necessary provides greater financial security. Older adults who are forgetful or susceptible to phone scams can also benefit from a loved one overseeing their bank accounts.
  • Representation for legal and business matters. Small business owners and individuals involved in litigation are faced with numerous choices. These decisions, which must often be made on a daily basis, can have serious consequences. Even if your loved one is not ready to step away from day-to-day management of business and legal matters, executing a power of attorney is a prudent contingency plan.
  • Authority to make medical decisions. When a medical crisis strikes, many families are unsure about the extent of lifesaving treatment the injured or ill person would have wanted. Every adult should have an advance directive (Living Will) and a medical directive explaining their wishes clearly and specifying who will carry out their desires when they can’t communicate.
  • Children traveling/staying with others.  Do your children ever travel on school breaks or summer vacation with persons other than parents?  Do they visit others for extended periods of time?  A properly drafted and executed Limited Power of Attorney can assign to persons with whom they travel or stay, the ability to obtain emergency medical treatment and care for your children.

Law Office of Roland P. Merkel works closely with you and your loved one to evaluate each area where power of attorney is advisable, to provide you with comprehensive coverage for any foreseeable emergency.

Sensitive counsel experienced with reluctant seniors

It can be difficult to talk to a senior loved one about the need for power of attorney documents. Many are loathe to admit they may need assistance, especially from their children, and are uncomfortable even considering a reversal of roles which puts them under their children’s authority. I am very familiar with this dynamic, and can advise you on effective ways to broach the subject with your elder loved ones.

Contact a reliable Lexington lawyer for powers of attorney that protect your loved ones

A loved one’s illness, injury or infirmity can leave them vulnerable to financial losses and serious threats to their health. A carefully drafted power of attorney can give you and your loved one greater peace of mind. Call Law Office of Roland P. Merkel at 859-263-1123 or contact my office online to schedule a consultation at our Lexington, Kentucky office.

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  • Lexington Office
    710 East Main Street
    Lexington, Kentucky 40502
    Phone: 859-263-1123