Sherrills Ford Medical Power of Attorney Lawyer

Medical Power of Attorney in Sherrills Ford, NC

An effective estate plan goes far beyond figuring out how to distribute your assets. A crucial, non-financial component of your estate plan can be establishing clear directives for your medical care through a medical power of attorney. If you are looking for guidance on handling this part of your planning, you need a Sherrills Ford medical power of attorney lawyer.

What Is a Medical Power of Attorney?

A medical power of attorney (MPOA) is a legal tool that designates a person you trust to handle your crucial medical decisions if you become incapacitated. It is vital to have an MPOA because it eliminates the confusion and guarantees your wishes are honored during a medical emergency.

Without one, your family may be forced to make difficult decisions about your care without knowing your preferences. This could add more stress to an already challenging situation. When you establish an MPOA, you could help protect your family from being put into this situation. Unfortunately, many families are put into this situation, as only 18% to 36% of U.S. adults have a medical power of attorney.

What Are the Benefits of a Medical Power of Attorney?

An MPOA can provide peace of mind because it can help with:

• Maintaining control: You select a trusted agent to make medical decisions on your behalf if you become unable to, which can help guarantee that your treatment aligns with your values.
• Preventing disputes: It avoids potential family conflicts by designating one person to make unified decisions about your care.
• Timely action: Your appointed agent can act quickly during emergencies, which in turn prevents critical delays in treatment.
• Personalized care: The agent you choose will know your beliefs and will ensure that your treatments, surgeries, and end-of-life care are what you want them to be.
• Legal authority: It grants a clear legal standing that healthcare providers recognize and will follow the direction of your chosen representative.

Requirements for a Valid North Carolina Medical Power of Attorney

For an MPOA to be valid in North Carolina, it must adhere to these rules:

• It must be in writing.
• The person creating the MPOA must be 18 years of age or older and possess the capacity to understand and communicate their healthcare decisions.
• The principal must sign the MPOA.
• The principal must sign in the presence of two qualified witnesses who agree that the principal is of sound mind.
• The document must be acknowledged before a Notary Public.

Why Hire a Medical Power of Attorney Lawyer With Thomas & Webber

While you might not believe an MPOA is necessary because you want your next of kin to make medical decisions, it is still important to establish one that aligns with your overall estate plan. At Thomas & Webber, we can help you determine the most beneficial strategy for your family and your estate, and if you decide that an MPOA is right for you, we can ensure that everyone is fully informed and the documentation is handled according to North Carolina law.

About the Team at Thomas & Webber

The team at Thomas & Webber is committed to providing clients with first-class service and a knowledgeable and professional guiding hand through their trust and estate planning needs. Our firm wants to help clients make smart legal decisions and ensure that their real estate and estate planning needs go as smoothly and efficiently as possible.

FAQs

What Is a North Carolina Medical Power of Attorney (MPOA)?

A North Carolina MPOA is a legal document where you (the principal) name a trusted person, also called a health care agent, to make medical and mental health decisions for you. This document becomes effective only if a medical professional determines that you lack the capacity to make or communicate those decisions yourself. Your health care agent will ensure your medical care wishes are honored when you can no longer speak for yourself.

When Does the MPOA Take Effect?

An MPOA takes effect when the person who created it is determined to be incapacitated by a medical professional. Incapacity usually means a medical professional has certified that you are unable to make or communicate your own health care decisions. The health care agent’s authority is then sprung into action to follow the principal’s wishes.

Who Should I Name as My Health Care Agent?

When thinking of who to name as your health care agent, you should choose someone you trust implicitly to make medical decisions on your behalf when you can no longer do so. This person should know your values and wishes regarding end-of-life care, be willing to advocate for you to medical professionals, and be able to make tough decisions when in a stressful situation.

What Are the Legal Requirements for a Valid MPOA in Sherrills Ford?

An MPOA in Sherrills Ford must adhere to North Carolina state laws. The law requires it to be a written document, the principal must be 18+ years of age and be legally able to make choices for themselves, and it must be both acknowledged before a Notary Public and signed by the principal in the presence of two qualified adult witnesses. The witnesses can’t be related to the principal or their spouse, or be a health care provider or heirs.

Can I Revoke or Change My MPOA?

Yes, you can revoke or change your MPOA in Sherrills Ford, North Carolina, at any time as long as you are deemed mentally competent to do so. To change it, you must execute a new MPOA document that clearly states it revokes all previous ones, follow North Carolina’s signing and witnessing requirements, and notify your previous agent and all relevant healthcare providers in writing about the change.

Hire a Medical Power of Attorney Lawyer

Don’t leave your critical healthcare decisions to chance or with an unprepared family member. For legal guidance on establishing your MPOA, as well as other estate planning needs, you should hire a power of attorney lawyer at Thomas & Webber. Contact us today to schedule a consultation.