Southwest Florida's Health and Wellness Magazine Health and Wellness Articles
By Kelly L. Fayer, P.A.
St. Patrick’s Day is a time to celebrate luck and good fortune. While some may believe that luck is entirely random, there are steps that can be taken to increase the likelihood of good fortune. One of these steps is having a power of attorney.
A power of attorney is a legal document that grants someone the authority to act on your behalf in financial, legal, and medical matters. This document can be crucial in ensuring that your wishes are carried out if you become incapacitated or unable to make decisions on your own.
The magic of having a power of attorney is that it allows you to avoid the guardianship court process. Guardianship court can be a lengthy, expensive, and emotionally draining process. Even spouses can be required to go through the court process if there is no power of attorney in place.
When someone becomes incapacitated without a power of attorney, their loved ones must go through guardianship court to be appointed as their guardian. This process involves hiring an attorney, filing a petition with the court, and attending multiple court hearings. The court will ultimately decide who will be appointed as the guardian, and this decision may not align with the wishes of the incapacitated person or their family.
In addition to being a stressful and costly process, guardianship court can also be emotionally taxing.
Family members may disagree about who should be appointed as the guardian, and the court’s decision can create tension and conflict within the family.
Having a power of attorney in place can avoid all of these issues. When someone becomes incapacitated and has a power of attorney, the designated agent can step in immediately and begin making decisions on behalf of the incapacitated person. There is no need to go through the court process, and the agent can act in accordance with the wishes of the incapacitated person.
Not only does having a power of attorney avoid the guardianship court process, but it also allows for greater control and flexibility in decision-making.
When someone becomes incapacitated, decisions must be made quickly and efficiently. With a power of attorney in place, the designated agent can make decisions immediately, without waiting for court approval. This can be especially important in medical situations, where time is of the essence.
Having a power of attorney can also provide peace of mind. Knowing that there is someone who can step in and make decisions on your behalf if you become incapacitated can be a great comfort. This document can ensure that your wishes are carried out, even if you are unable to communicate them yourself.
In summary, having a power of attorney is a crucial step in ensuring that your wishes are carried out if you become incapacitated. This document can avoid the guardianship court process, provide greater control and flexibility in decision-making, and provide peace of mind. So, as we celebrate the luck of the Irish this St. Patrick’s Day, consider taking steps to increase your own luck and fortune by creating a power of attorney.
The Law Office of Kelly L. Fayer, P.A. was established to serve members of our community. Whether you need assistance now or are planning for the future, it would be a privilege to help you. We strive to provide quality service while offering personal attention to each of our clients.
The Law Office of Kelly L. Fayer, P.A.
12601 World Plaza Lane, Suite 2
Fort Myers, FL 33907
(239) 415-3434
fayerlaw.net
