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Who will make decisions for you if you unable to care for yourself?


Every aspect of estate planning should include a Power of Attorney for Personal Care.  A Power of Attorney for Personal Care is a voluntary legal planning document in which you name an Attorney to make decisions for you regarding your health, care, medical care, nutrition, shelter, clothing, hygiene and safety at such time that you are unable to make decisions for yourself.  The person that you name is able to legally act on your behalf. If you become disabled, or begin to suffer from dementia or other cognitive difficulties, you will need a loved one or trusted friend help to you make decisions with respect to your health care.  

Once you execute your Power of Attorney, it become effective immediately unless otherwise stated in the document.  At Haber & Associates, we strongly encourage your Power of Attorney to be structured as something called a "continuing Power of Attorney” - meaning that your Power of Attorney for Personal Care is effective only upon your incapacity. It “springs” into life upon your incapacity to make decisions for yourself.  If there are issues with capacity, we ensure that the document calls for proper assessments to be made to determine whether in fact you are capable of making your own health care decisions.

It is vital that you protect yourself and your loved ones should you become mentally incapable.  If you do not properly plan your who will make decisions should you become disabled -  a family member has the right to make your health care decisions or apply to become your “guardian” of property. The person making decisions for you may result in making make decisions that you would not have made for yourself – or worse off – decisions may be made by a family member that you would not have wanted to make decisions for you.

A power of attorney is an estate planning document that is of onetime cost without revolving premiums like an insurance or disability policy.  Once you have drafted it is a secure for life document that will protect you in the future. If estate planning costs frighten you, rest assured that simple estate planning is very affordable - and there is no requirement that you complete an entire estate planning package all at once.  Planning a simple Power of Attorney for Personal Care is not an expensive proposition.  If you don’t have this document and something happens to you, the opposite is true; the costs of obtaining authority to make decisions on your behalf could be enormous.

If you have any questions about a Power of Attorney for Personal Care, please contact Haber & Associates at (905)-639-8894.


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