What is a Power of Attorney?

A Power Of Attorney (POA) is a legal document that gives someone you choose the power to act in your place and make decisions on your behalf. You may choose to appoint a trusted family member, friend, or an attorney to make financial and healthcare choices at a time when you are unable to speak for yourself. Creating a power of attorney now can help to avoid the expense and potential conflict of future conservatorship proceedings. There are two types of POAs: Health Care Directive(sometimes called a “Living Will”) and Asset Management. These will give the agent the ability to act on your behalf for both health care and financial decisions.

A regular POA expires when the principal (you) becomes incapacitated. This is not what you want. However, a DURABLE Power of Attorney will help in this matter. What if an accident or serious illness left your incapacitated? What if something happened to you that leaves you unable to make necessary financial decisions? Or unable to tell your doctor what kind of medical care you wish to receive?

Powers of attorney can become effective at the time the document is created. Documents may also be written to become effective only when or if you become incapacitated. In most cases, they expire upon your death.

Appointing Durable Power of Attorney

Durable power of attorney allows you to appoint a person to act on your behalf in financial matters. The goal of establishing durable power of attorney is to protect your interests in the face of unexpected events. At the Tim Fleming Law Firm, we can help you draft a document that will permit your nominated advisor to:

            •      Manage your bank accounts and investments

            •      Pay your bills

            •      File your taxes

            •      Deal with government agencies on your behalf

            •      Instituting a Medical Power of Attorney

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Medical Power Of Attorney

A medical power of attorney appoints a person you trust to serve as your health care agent. He or she will be able to make necessary medical decisions, ensuring you receive the type of care you wish to receive. Your health care documents can go into effect when your doctor determines you are unable to make appropriate medical decisions for yourself.


Contact or call Tim W. Fleming at 251-304-0888 to set up your Will and Power of Attorney and ensure the best future for your and your loved ones.