A financial power of attorney is a legal document that gives someone the power to handle financial transactions on your behalf.

There are two types of financial powers of attorney. One takes effect upon your signing in front of a notary public and can help with common matters, such as assisting with assets. The other takes effect in the event of you or your loved one’s incapacity. In this case, a durable power of attorney for finances is more suitable. A durable power of attorney for finances is comprehensive and is specifically designed to let someone else manage your financial affairs on your behalf. You can give a trusted person, also known as your conservator, the power to handle tasks such as sorting through your mail, depositing your checks, watching your retirement accounts, or filing your tax returns.

If this situation pertains to you, we highly recommend establishing a durable power of attorney for finances. Otherwise, if unestablished, someone would have to petition the probate court where you live in order to have someone manage your finances, which can be extremely time-consuming and expensive.

The same basic tenets apply to a power of attorney and health care directive, however, it only applies if you can not make your own decisions. A medical power of attorney is a document that sets out your wishes for health care if you become too ill, unconscious, mentally incompetent, or otherwise unable to make decisions on your own. When you set forth a health care power of attorney, you name a trusted person (conservator) to oversee your medical care and make health care decisions for you.

Your conservator will then work with doctors and other health care providers to ensure your wishes and is legally bound to follow your treatment preferences that are made clear. 

If you do not have a medical power of attorney and you become incapacitated, someone would have to petition the court, name you as their guardian, and would then be able to make health care decisions.

Did you know that an ordinary power of attorney is revoked if you become mentally incapacitated? A durable power of attorney simply means that the document stays in effect if you become incapacitated and unable to handle matters on your own. Under Missouri law, a power of attorney with proper wording may be “durable”, which means that the power of the agent to act on your behalf continues despite your incapacity, regardless of the court’s ruling.

According to the Missouri Bar’s Probate Law Resource Guide, “Through a durable power of attorney, an agent may continue to act on your behalf even if you have had a stroke or other incept citing illness or accident. If the power of attorney so provides, the agent can use your funds to pay your bills, can contact for nursing home services…and can make basic health care decisions for you.”

Taking the time to make these documents is well worth the small effort it will take. At the Law Offices of BJ Richardson, we will make sure that you and your family are well taken care of. Call us at (417) 234-1874 today to discuss which powers of attorney are right for you.