Durable Power of Attorney
A Durable Power of Attorney is a written authorization that allows your chosen person to act for you on your behalf in administering your private affairs. Most often, durable powers of attorney are essential in dealing with decisions involving property and asset management.
Durable Powers of Attorney are “durable”, meaning that your agent can act for you, even if you are incapacitated. However, many financial and healthcare institutions are reluctant to honor a Power of Attorney that is more than five years old. Therefore, it is a good idea to keep these documents updated, especially if you have had a change in your status or physical abilities.
These documents need to be countersigned by a licensed notary to make them legally viable. Without notarized durable Powers of Attorney in place, your person of choice (even if they are your spouse) will not be able to make financial decisions if you cannot do it for yourself. They will have to go through complex and costly court proceedings to be appointed by your legal guardian. This process is not only expensive but can be public and humiliating as well.
With a durable power of attorney in place, your appointed person can privately and easily handle your personal and financial affairs if you become incapacitated. Because no judicial proceedings are necessary, you can save time and money. But more importantly, you can avoid the stress of court involvement and public accessibility.
A durable power of attorney is included in your AmeriEstate trust.
Advance Health Care Directive
An Advance Health Care Directive, sometimes referred to as a Health Care Power of Attorney, gives a trusted person the legal authority to make medical decisions for you if you are unable to make them for yourself, including decisions about your care and comfort, medical procedures and end of life decisions related to life support measures.
Do Not Resuscitate Orders (DNR)
It is important to note that Advance Health Care Directives are not the same as a DNR’s. Unlike an Advance Health Care Directive that you create to appoint an agent or proxy to make health care decisions for you when you cannot, A DNR is a directive created with you and your doctor. It instructs health care providers not to do cardiopulmonary resuscitation (CPR) if a patient's breathing stops or if the patient's heart stops beating.
A DNR order is created or set up before an emergency occurs. A DNR order allows you to choose whether or not you want CPR in an emergency. It is specific about CPR. It does not have instructions for other treatments, such as pain medicine, other medicines, or nutrition.
A DNR is usually only created when a person is near the end of their life or has a serious illness that will not improve, regardless.