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Part of a complete Estate Plan includes planning for a possible mental incapacity, or other inability to manage your affairs during your lifetime. Financial Power of Attorney A financial Power of Attorney is a legal document that grants the individual you name (the "attorney") the authority to act on your behalf in financial matters, either temporarily or permanently, if you are unable to do so yourself because of a physical or mental incapacity. Most individuals choose a close friend or family member to be their attorney. You decide how much decision-making authority your attorney will be given and under what circumstance they may act. If you were to become mentally or physically incapacitated and did not have a valid financial Power of Attorney, a family member would have to apply to the court to request control of your finances from the government. Personal Care Power of Attorney A Power of Attorney for Personal Care enables another person to make decisions pertaining to your personal health and welfare, including decisions on medical care and living arrangements, on your behalf should you become incapable of doing so. If you are mentally competent, you have the right to refuse medical treatment. However, if you become mentally incapacitated or terminally unconscious, without a Power of Attorney for personal care outlining your wishes, you may be considered to have given consent to all medical treatment that your doctor considers necessary. A Power of Attorney is a powerful legal document that comes into force as soon as it is signed and terminates upon your death, at which time your Will takes effect.
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