Difference Between A Georgia Advance Directive And A Georgia Durable Power of Attorney
During these changing times, we start to think about what will happen to us if we are in an accident, contract an illness that leaves us incapacitated or become unable to make medical decisions for ourselves. Truthfully, everyone should be thinking about this, but we don’t always see that until later in life or until something happens.
Should you set up an Advanced Directive or a Durable Power of Attorney? Who will be responsible for your health when you no longer have a voice? What level of care do you actually want? Before we get into too many questions, let’s look at what an advance directive and durable power of attorney entails.
What is an Advance Directive?
An advance directive is a document regarding your healthcare. It allows you to appoint a person or persons to make decisions regarding your medical treatment in the event you are incapacitated and unable. It tells your friends, family and healthcare professionals what you want to happen if you are unable to make medical decisions for yourself or who you want to make those decisions for you. You assign someone the power to make decisions based on your wishes and decide what health treatments to they should approve based on what you have told them.
You can also decide if you want to be on life support or what circumstances you would like the appointed person to consider. This is a good time to talk with your doctor and/or your family concerning your medical status and possible outcomes (good and bad) for all types of treatments.
It helps to have explicit directions written down in an advance directive, and kept on file with a loved one, an attorney and your primary physician.
What is a Durable Power of Attorney?
A power of attorney (POA) gives one or more persons (an agent) the authority to act on your behalf over financial matters. You can limit it so that in the event you are incapacitated your appointed agent can make sure that your financial assets stay protected and do not go into default during your incapacity.
This is a powerful document because it governs your finances and allows your agent the ability to talk to your creditors, access bank accounts, etc.; however, so long as it is properly drafted, it is a very useful tool.
Assigning someone to be your agent involves choosing someone you trust completely to hold your durable power of attorney.
Which to Choose?
One of the questions we're frequently asked at SmithTaire Legal is which should you choose: an Advance Directive or a Durable Power of Attorney? The answer is, “You should have both!” An advance directive pertains to your healthcare and a durable power of attorney pertains to your finances.
Work With Smith Taire Legal
We know that you have questions and concerns regarding these documents and we are here to help. We will listen to your needs and establish a customized estate plan based on your unique situation. You should not draft these documents on your own; you should work with a Georgia Estate Planning attorney to ensure everything is legal and exactly how you want it. Legal documents that you write by yourself may not always hold up in court or be accepted by hospitals and other health care providers if not properly executed.
People often wonder how to get started - and calling SmithTaire Legal is your first step. We are a Georgia Estate Planning firm that can assist you with an advance directive, a power of attorney or any other of Our Services you may need.
Gwinnett County Estate Planning Attorney Jammie Taire
An advance directive and durable power of attorney drafted by an experienced Georgia attorney protects you and your heirs. With 20 years of experience in estate planning, trusts and probate, contact your trusted legal partner, Jammie Taire and the team at SmithTaire Legal.
Schedule an appointment with us today at 678-253-8133 to discuss your situation or schedule a complimentary consultation here: https://smithtaireconsult.as.me/schedule.php