Powers of Attorney Cleveland Tennessee Lawyer Jack Tapper
Powers of Attorney—Cleveland Tennessee Lawyer
Cleveland Attorney Jack W. Tapper is ready to serve all your needs for any form of Powers of Attorney, customized for your personal needs and objectives. At the Law Offices of Jack W. Tapper, we do not provide you with a form for you to fill-in-the-blanks because that does not serve your personalized needs. When you are considering a Power of Attorney, we listen to your objectives and concerns. We advise you on the best way to accomplish your goals.
General Durable Power of Attorney
The general power of attorney is a legal document in which you authorize another person or organization to handle your legal, business, and financial affairs. The “durable” part provides for the power to remain effective even if you become mentally incapacitated or disabled in such a way that you cannot responsibly make decisions on your own behalf. This type of power usually authorizes a broad scope of authority to the person you appoint as your “agent,” also called your “attorney-in-fact.”
Your “agent” must act in your best interests and cannot legally deal with your property in a manner that increases their own self-interest. The agent must keep accurate records of transactions and has to keep your property separate from their own to avoid conflict of interest. Those who act as your agent are subject to ethical and legal duties known as “fiduciary duty.” This means they are in a position of trust for your best interest and can be subjected to penalties for breach of their fiduciary duties. Your choice of an agent is very important and should be someone you trust without reservation. You can also appoint an alternate if for some reason the first appointed agent is not able to act for you.
Bradley County Attorney Jack Tapper has been preparing custom Durable Powers of Attorney for many years and those Powers are designed on a custom, personal basis, not with fill-in forms. At the Law Offices of Jack W. Tapper, we advise you of the circumstances where you may need to place limitations on the broad scope of powers granted to your agent, and we design the Powers of Attorney for the specific goals you want to accomplish.
The kinds of broad scope powers you can grant, include, by way of example, the power to:
- Open a bank account and withdraw monies from it
- Invest money and deal with buying and selling investments
- Collect debts
- Borrow money in your name
- Manage property
- Buy or sell real estate
- Enter into contracts and bind you to them
- Conduct a lawsuit on your behalf
- Enter safe-deposit boxes
- Exercise stock rights
- Prepare and sign tax returns on your behalf
- …and much more.
Limited, or Special Powers of Attorney
In some cases, you will encounter situations where you need someone to act for you in a specific transaction without the need for you to be there to sign legal documents. This calls for a Limited, or “Special” Power of Attorney. These limited powers usually give your Agent the authority to do one or more of the following, although these are not the only situations:
- Sign documents needed to close a real estate transaction when you cannot be at the closing
- Sign a mortgage for a real estate purchase
- Handle banking transactions, including documents for obtaining a loan
- Enter a safe-deposit box
- Handle the purchase or sale or transfer of U.S. Securities, such as bonds and Treasury bills
- Sign your checks for payment of bills
- …and any other specific need where your signature and consent are needed but for some reason you cannot physically be at the place and time to sign on your own.
Health Care Power of Attorney—Advance Health Care Directive
At the Law Offices of Jack W. Tapper, in Cleveland, Tennessee, we care about the sensitive issues you face when considering a Health Care Power of Attorney, usually called an “Advance Health Care Directive.” Cleveland Attorney Jack Tapper will personally consult with you to determine the kind of directives you want those who care for you to follow if you are faced with a terminal illness and you cannot communicate with health care providers for the kind of treatment you want. Some people frankly speak of this document as the authority to “pull the plug,” referring to whether you want to be kept artificially alive through feeding and breathing tubes when you are otherwise unconscious and have no probability of surviving with any mental capacity intact, or whether you want to die naturally.
The Advance Health Care Directive goes beyond a Living Will because it not only states what your end-of-life desires are, but appoints a person you choose to make health care decisions for you when you are incapable of making them on your own. Often there are some gray areas in interpretation of your statement of end-of-life desires, and when you are unconscious at the time, health care professionals count on someone with authority to make health care decisions for you. That someone is your appointed Agent, or “attorney-in-fact.” Consult with Cleveland Attorney Jack Tapper for your Health Care Power of Attorney and you can be assured of getting confidential, personal service to discuss these important issues and have him prepare the document that fits your needs.
Keep in mind that as long as you are able to speak and give directions to health care professionals, you are still in control even if you have already executed this power of attorney. Health care professionals can only rely on your Agent’s advice when you are in such condition that you cannot give informed consent regarding your health care.
Call now for The Law Offices of Jack W. Tapper at 423-472-9512, and schedule an appointment.