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How Old Should You Be Before You Get Powers of Attorney?

 

How old should you be before you get powers of attorney? In this video, I was inspired right after leaving a court hearing to answer this VERY important question about why it may not be when, or why, you think.

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Prefer to read this information? Below is the video transcript.

So how old should you be before you have a power of attorney?

Hi, I'm Nicole Wipp, the founder and lead attorney of the Family and Aging Law Center.

I'm sitting here in my car after I literally just got out of court in that building right there today, and I got so inspired to make this video because of what happened in court today.

You know, the reason that I was there is because I was representing a woman that is younger than me. She has a husband that got in a terrible car accident, and now is completely unable to make any decisions for himself related to finances and related...

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Powers of Attorney - The Facts

POWERS OF ATTORNEY

The Facts...

 

If you become sick or disabled, either temporarily or permanently, who will make decisions for you?

  • A Power of Attorney allows you to appoint someone you trust to handle your affairs if you cannot do so. 
  • If you are unable to do it yourself, your family will be prevented from paying bills, getting records, helping you get treatment, pay doctors or qualify for Medicaid, or making other important decisions on your behalf, if you do not have comprehensive, well written, and specific Powers of Attorney in place.
  • Without comprehensive, well written and specific Powers of Attorney, your family may have to file a court proceeding, seeking guardianship of you (for health care decisions) or seeking conservatorship (for financial decisions). This process involves the Court, several lawyers and usually at least $4,000 to $50,000. A Power of Attorney might cost $200 - $500.
  • There are two main types of Powers of Attorney:  financial and health...
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Do You Need To Avoid Probate?

What is Probate?  This is Our Definition & the True Reality -

“Probate is a lawsuit you file against yourself, with your own money, on behalf of your creditors.”

The Facts...

Probate is the legal process of presenting your Will to the Court after your death to authenticate it, and appoint your Executor/Personal Representative. Your Executor/Personal Representative must be appointed by the Court in order to collect and distribute your assets as stated in your Will. However, because it is a legal process, there are many steps that must be followed before your Executor can be appointed.

 

 

  • The probate process requires a Personal Representative be appointed - even in simple and/or uncontested cases.  
  • The Personal Representative must file numerous forms, follow an extensive and somewhat complicated process, and pay attention to deadlines and criteria throughout the entire process.  Most people find this to be exhausting, confusing, and a...
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