Every year, thousands of medical, financial, and legal issues crop up due to the confusion surrounding the specific directions of an individual incapable of making the necessary decisions about their estate, body, or finances. The same problems can arise for small businesses and, for that reason, understanding what power of attorney entails, and how you go about establishing it, is a vital step. This guide helps you cut away the confusing red tape and finally understand exactly what power of attorney involves and how you can use it to your advantage.
The first thing you will learn is the various forms of power of attorney that are available to you, including for financial purposes, medical and health care purposes, living wills, childcare, and all-in-one purposes. The details of what an agent can supply in each instance will be provided to help you understand what each specific style of power of attorney will provide. The process of choosing your agent will be outlined in detail for you, including who is applicable and what important factors should be included in every discussion related to who your power of attorney will be.
You will learn how to select a lawyer and whether you will be able to afford one in certain instances. You will be able to see what is involved in working with a lawyer and what you need to do if you decide to fire that particular lawyer. The federal laws and then the specific state laws that apply to your situation will be provided with details about how you can further research them to know how they apply to even more specific situations. For those seeking financial powers of attorney, you will learn how to limit the power of attorney, how that power applies to real estate, and how to acquire and use an affidavit of attorney in fact.
For those with health care related issues, you will learn how a durable power of attorney operates for health care, how to choose someone to make medical treatment decisions, the creation and application of a living will, the specific presentation of a do not resuscitate order, and how to determine the distribution of anatomical gifts. Finally, issues such as child care and the revocation of a power of attorney will be discussed. With the assistance of dozens of interviews across multiple different fields with experts in law, family, and business applications of a power of attorney, you will be provided with an extensive overview of everything you need to know to effectively utilize this highly valuable legal tool. This book is the essential tool every small business or individual with need of a power of attorney needs.
Preface 15
Introduction 25
Chapter 1 What is a Power of Attorney? 31
An Overview of POAs 32
Chapter 2 Types of Powers of Attorney 37
Childcare POA 38
Health Care POA 39
Financial POA 42
All-in-one POA 43
Durable and limited/unlimited POAs 44
Statutory Forms 45
Chapter 3 How to Choose an Attorney-in-Fact (or Agent) 47
Responsibilities of the Attorney-in-Fact 52
You as the Agent 56
Having the Conversation 57
Know what you want and why you want it 58
Location 59
Body language 60
Conversation skills 61
Overcoming communication problems 62
Explaining Your Choice to Others 66
Chapter 4 Childcare Power of Attorney 71
Your Commitment in a Childcare POA 72
Limited/Limited Nondurable POA for Childcare 73
Chapter 5 Financial Power of Attorney 75
General Power of Attorney 78
Limited Power of Attorney 78
Unlimited Power of Attorney 79
Limited POA for real estate 80
Durable Unlimited Power of Attorney 81
Selecting a Financial Attorney-in-Fact 82
Chapter 6 Medical and Health Care POA 87
Noteworthy Right-to-Die Cases 89
Karen Ann Quinlan 89
Nancy Cruzan 90
Terri Schiavo 91
The Aftermath 96
Impact of the Quinlan, Cruzan, and Schiavo Cases 97
Durable Health Care or Medical POA 100
Choosing an Attorney-in-Fact for Health Care 101
Living Wills 102
What is Right for You? 103
Important terms and concepts to know 104
How to Make a Decision 115
Consult your physician 116
Chapter 7 Other Documents to Consider in Addition to Your POA 119
Affidavit of Attorney-in-Fact 120
Revocation of POA 121
Forms Relating to Health Care POAs 122
Living will 123
DNR order 125
Anatomical gift form 126
Living trust 129
Revocable living trust 132
Last will and testament 133
This Is A Lot Of Work-Do I Really Need To Worry? 137
You cannot afford to die 138
Chapter 8 Working with an Attorney to Prepare Your POA 141
Locating an Attorney 142
Working with the Attorney 143
Making Sure the Relationship Works 145
Firing an Attorney 147
Chapter 9 Specific State Laws 149
Chapter 10 How to Research for Your State's POA Laws 165
Finding Additional Information 171
Why People Get it Wrong 171
Research is boring 172
People do not know what they want 172
Break the Spine 173
Take a holistic approach 174
Read between the lines 175
Chapter 11 Signing Your POA 177
Take it Seriously 177
The POA Signing Ritual 177
Conclusion 181
Appendix A List of Power of Attorney Types 183
Appendix B Sample POA and Estate Forms 185
Where to Find Blank Forms 187
General Power of Attorney 190
Revocation of Power of Attorney 198
North Carolina Statutory Short Form POA 198
Oklahoma Statutory Form for Power of Attorney 203
Durable General Power of Attorney Effective at a Future Time (New York Springing POA) 207
Advance Health Care Directive Form 214
Power of Attorney for Health Care 217
Illinois Living Will Act (755 ILCS 35) 224
Illinois Health Care Surrogate Act (755 ILCS 40) 226
Illinois Power of Attorney Act (755 ILCS 45) 227
Indiana Living Will Declaration 227
Indiana Life-Prolonging Procedures Declaration 229
Statutory Living Will Form in North Carolina 230
Pennsylvania Advance Health Care Declaration Statutory Form 238
Pennsylvania Out-of-Hospital Do-Not-Resuscitate Order 241
Virginia Advance Medical Directive 243
Appendix C Estate Planning Worksheets 253
Your Estate in Black and White 259
Prioritization 262
Who, What How, and When 263
Essential Documents and Accounts Inventory 263
Party Planning with an Unusual Twist 283
Estate Plan Summary Sheet 286
Annual To-Do List 287
Estate Planning Quiz Answers 289
Glossary of Terms 293
Bibliography 301
Author Biography 307
Index 309
iwatson58
Posted February 5, 2011
As a small business owner we have to do a lot on our own and books like this are a boon to us. But, there is more to this book than just for business owners; it has information on child care, health care, and financial POA information which in the end becomes more personal than business.
I specifically liked reading the case studies because any of them could be a "what if?" for me. Being my husband and I are nearing retirement which means having challenges of getting older, it's important for us to review POA information that was signed years ago to be sure it still stands. As well, as suggested in the book we need to review the state laws.
I'm personally grateful I got to review this book because it has given me the oomph to re-visit our POA signed forms and to talk to our children again to be sure they understand the ramifications. "The Complete Power of Attorney Guide for Consumers and Small Businesses" contains everything you need to know, not only as the one that is dedicating the POA but for those that are accepting the position of POA. Get one for yourself and one for the person being the POA. It will be a blessing to both.
Trentr17
Posted May 9, 2010
Early on in this book the reader discovers that power of attorney is an ancient concept, dating back to Mesopotamian times. An additional point that becomes abundantly clear is that almost everyone will have at least one occasion in their life where they will find themselves in a position where having an agent to represent them would come in handy.
If you care about your family and their future well-being you should read this book. Linda C Ashar details, in easy to understand language, why making plans for a power of attorney (POA) would serve you and yours well. Detailed studies of many different POA's are included and how they can help you and yours if issues should arise.
Once you have decided that a power of attorney is needed the single most important item is choosing the person that will act as your Attorney-In-Fact or agent. Asher painstakingly covers the legal restrictions on who can and cannot be your agent. Also reviewed are the criteria you should use to choose your agent. Lastly, the responsibilities of the person you chose as your agent are reviewed. For anyone thinking of obtaining a POA this is a very important chapter.
The next few chapters review, in detail, each different type of POA as well as the responsibilities of each party involved. The author also covers the limits of each of theses POA's during the detailed reviews. The important pieces here that almost everyone can use are the review of the Health Care POA and the important documents to consider in addition to the POA. Included in these documents are the Living Will, the DNR order, the Anatomical Gift Form and the myths related to this form.
Ashar, an attorney herself, reviews how to chose a proper attorney, how to work with your attorney on your POA and finally, if needed, how to fire your attorney.
The last chapters cover laws specific to each state and how they relate to a POA and where one can research these laws. Also included is a large appendix that includes helpful sample forms and estate planning worksheets.
Ashar does an admirable job with this book, showing how power of attorney is something everyone should at least consider in order to care for his or her family and finances should the unexpected ever occur and one can easily reach the conclusion that it is easier to plan for a POA than it is to plan for the unexpected.
dldooley
Posted May 2, 2010
This book is very easy to understand. It is well written, with clear paragraphs that are easy to follow. The author describes the pros and cons of the power of attorney and will help you avoid legal fees. The book also arms you with the vocabulary you will need to make your own Power of Attorney and provides proper forms. There are nice review checklists throughout the book to remind you of what you have read and why it is important. The book uses a hypothetical family. It would be impossible to not relate to one of the members of this family and understand why you need a power of attorney. I would recommend this book.
Was this review helpful? Yes NoThank you for your feedback. Report this reviewThank you, this review has been flagged.BrianBrown
Posted April 19, 2010
Ashar, an attorney at law from Ohio with nearly three decades of experience, aimed to remove the legalese surrounding a power of attorney and other end of life planning documents, and she achieved that with a reader-friendly guide packed with information but doesn't read like a law school textbook.
The Complete Power of Attorney Guide features a detailed breakdown of the different types of powers of attorney as well as important information to consider when drafting a POA, such as whom to name as your attorney in fact and how to handle end of life decisions. The guide walks a person step-by-step from selecting a type of power of attorney to signing the document and everything in between all in an informative and easy-to-understand format.
But what separates Ashar's guide from other power of attorney planning guides, is the information contained in the appendices of the 312-page book. It includes state specific information for laws governing powers of attorney, and the guide also features other end of life documents, including estate planning forms. This valuable information makes the Complete Power of Attorney Guide a one-stop resource for information on end of life planning.
HeidiRaeA
Posted April 13, 2010
The Complete Power of Attourney for Consumers and Small Business by Linda C. Ashar makes a strong case for determining one, or more, for your self and members of your family. Ashar's outlines for POAs detail the specifics and encourage reader research state-by-state, seeing to it that their POAs don't merely suffice, they supurbly serve individual needs.
Ashar's "Jones Family" case study throughout the book provides real-world examples chapter-by-chapter, encouraging readers to follow the Joneses, and keep up. No matter your position on POAs, The Complete Power of Attourney for Consumers and Small Business provides the tools to take you through your thought process, and empower you.
Overview
Every year, thousands of medical, financial, and legal issues crop up due to the confusion surrounding the specific directions of an individual incapable of making the necessary decisions about their estate, body, or finances. The same problems can arise for small businesses and, for that reason, understanding what power of attorney entails, and how you go about establishing it, is a vital step. This guide helps you cut away the confusing red tape and finally understand exactly what power of attorney involves and...