Understanding the Power of Attorney and Advance Directives

Two of the most essential documents in any estate plan are the Power of Attorney (POA) and Advance Directives. These tools are not just for the elderly or infirm—they provide security in the event of unexpected incapacity.

Durable Power of Attorney

A Durable POA allows you to appoint someone to make legal and financial decisions if you become unable to act. This can include paying bills, managing real estate, or accessing accounts. Without a POA, your loved ones might need to seek court-appointed guardianship, which can be costly and time-consuming.

We ensure POAs are customized to your situation and drafted under Indiana Code § 30-5-1-1 et seq., providing both specificity and legal authority.

Advance Directives (Living Will & Health Care Representative Appointment)

Advance Directives allow you to:

– Appoint a health care representative. This person makes medical decisions if you cannot speak for yourself.
– Express your preferences on life-prolonging treatments. This includes ventilators, feeding tubes, and resuscitation, as authorized under Indiana Code § 16-36-4.

These documents ensure your wishes are honored and reduce the emotional burden on your family during crises. We always recommend signing these with two disinterested witnesses and a notary for clarity and legal enforceability.