Powers Of Attorney: You Need Two

Every power of attorney is a grant of authority that gives one person legal power to act on behalf of another. For estate planning purposes, we think of two general types of power of attorney. One for health care and one for anything else that you can imagine. Sometimes these two documents are the most important things you can do to solve many end of life problems. Some people even argue that with properly drawn powers of attorney people never need to create trusts. Because a power of attorney can be so powerful and important, everyone should have a general power of attorney and a health care power of attorney in place. Because the law changes, your family changes and the way we write these gets better all the time, your power of attorney should be reviewed at least every three years. You and each adult in your family should have both types of power of attorney ready to go to work protecting you when you need it. The fact is you are six times more likely to become disabled in the next year than you are to die. A power of attorney is very important to have in place protecting you now.

Thesenvitz & Mickelson, LLP, is located in Sioux Falls and serves the entire surrounding areas in estate planning and probate. Our experienced lawyers handling powers of attorney, Doug Thesenvitz has more than 25 years of legal experience and will use his knowledge to establish an effective estate plan on your behalf.

Thesenvitz & Mickelson, LLP · Sioux Falls, South Dakota
605-610-4524 · Toll Free: 888-883-0761 · Email

A durable power of attorney is an agreement between a "principal" and an "agent." The principal is the individual who needs assistance with decisions. The agent is the individual — usually a spouse or trusted relative or friend — who assumes duties and responsibilities on behalf of the principal. We call it durable because the incapacity of the principal does not revoke the power of attorney.

Durable powers of attorney for health care created in conjunction and coordinated with a living will are essential for health care decisions when you cannot communicate your wishes.

General durable powers of attorney can be established for financial purposes and just about anything else. For example, a power of attorney can be used to do the following:

  • Pay bills and do banking
  • Sell real estate
  • Buy real estate
  • Take legal action
  • Pursue insurance claims
  • Enter contracts
  • Continue a business operation
  • Buy and sell stocks
  • Continue gifts at church

Who Can Benefit From A Power Of Attorney?

You may want to consider giving a family member or friend power of attorney if any of the following conditions exist:

  • Your health may decline.
  • You may get into a car accident
  • You have been diagnosed with a chronic or terminal illness.
  • You face possible surgery.
  • You may become or will become mentally incapacitated and no longer able to make your own medical decisions.

Contact Us To Discuss Your Estate Planning Needs

Our law firm is located directly across from the courthouse in The 300 Building. Contact us at your convenience either online or by calling 605-610-4524 or toll free at 888-883-0761 to speak directly with a lawyer.