Summit Powers of Attorney & Advance Directives Lawyer

Dempsey, Dempsey & Sheehan proudly serves clients in Summit, New Jersey, with tailored estate planning services designed to protect you and your loved ones at every stage of life. Among our most important offerings are Powers of Attorney and Advance Directives—two essential tools for ensuring that your healthcare and financial wishes are honored, even if you become unable to communicate them yourself. We include these documents as part of our comprehensive Summit estate planning services tailored to your needs. Contact our Summit Powers of Attorney & Advance Directives lawyer today to discuss how powers of attorney and advance directives can protect you and your property under difficult circumstances.

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document that authorizes someone you trust—known as your “agent” or “attorney-in-fact”—to manage your affairs on your behalf. In New Jersey, Powers of Attorney can be customized to grant broad or limited authority, depending on your unique needs.

1. General Power of Attorney: Allows your agent to handle a wide range of financial and legal matters, such as managing bank accounts, paying bills, and filing taxes. This type of POA is effective immediately and remains in force until you revoke it or become incapacitated.
2. Durable Power of Attorney: Similar to a General POA, but with an added benefit: it remains valid even if you become incapacitated. A Durable Power of Attorney can provide peace of mind, knowing that someone you trust will handle your affairs without interruption.
3. Limited Power of Attorney: Grants your agent authority for specific tasks or timeframes. For example, you might give someone Limited POA to sell your home while you’re out of the country.
4. Springing Power of Attorney: Only takes effect under specific circumstances, such as if you become incapacitated. This type of POA can be beneficial if you want to retain full control over your affairs until a triggering event, such as a medical emergency, occurs.

What Is an Advance Directive?

Advance Directives are legal documents that outline your healthcare preferences. They allow you to communicate your wishes regarding medical treatment, including life-sustaining measures, even if you are unable to speak for yourself. In New Jersey, Advance Directives can be divided into two primary categories:

1. Living Will: A Living Will provides detailed instructions regarding your preferences for end-of-life care. This may include your wishes about resuscitation, life support, artificial nutrition, and other critical healthcare decisions. By documenting these choices, you relieve your loved ones from making difficult decisions on your behalf during a time of crisis.
2. Healthcare Proxy (or Healthcare Power of Attorney): A Healthcare Proxy designates a trusted person to make healthcare decisions for you if you are unable to do so. Your proxy, also known as your “healthcare agent,” is legally obligated to follow your wishes as closely as possible. This role may encompass making choices about medical treatment, hospitalization, and other critical care needs.

Why Are Powers of Attorney and Advance Directives Important?

Having a Power of Attorney and Advance Directive in place ensures that your preferences for both financial and healthcare matters are respected. With Powers of Attorney and Advance Directives, you can make crucial decisions in advance, retaining control over your finances and health. These documents can also prevent contentious and emotional family disputes. By clarifying your wishes, you reduce the chances of disagreements or confusion among loved ones about who should manage your affairs.

Powers of Attorney and Advance Directives allow for a smooth transition of responsibilities during a difficult time. In the event of illness or incapacity, these documents allow your trusted agents to step in immediately, ensuring continuity and stability in your financial and medical matters. In New Jersey, having these documents in place can help avoid the necessity of a court-appointed guardian, which can be time-consuming, costly, and may result in an outcome that does not align with your preferences.

How Dempsey, Dempsey & Sheehan Can Help

Our experienced estate planning attorneys at Dempsey, Dempsey & Sheehan are dedicated to helping Summit residents establish comprehensive Powers of Attorney and Advance Directives. We understand that each individual’s needs and values are unique, which is why we take the time to get to know you and your goals before crafting personalized solutions. We handle the creation of Powers of Attorney and Advance Directives with precision and care, ensuring that all documents comply with New Jersey laws and meet your exact specifications. In addition, we offer guidance in choosing the right agents to carry out these tasks. Selecting an agent or healthcare proxy is a significant decision. We offer guidance to help you appoint individuals who will respect and honor your wishes.

Established in 1929, our firm has a long history of providing ongoing services to clients and their families throughout their lifetimes and successive generations. Count on us for periodic review and updates of your estate plan as needed. Life circumstances change, and estate plans should evolve accordingly. We provide ongoing support to review and update your Powers of Attorney and Advance Directives as needed. Moreover, we believe that knowledge is empowerment. Our attorneys take the time to explain each document’s purpose and your options so that you feel confident in your choices.

Common Questions About Powers of Attorney and Advance Directives in New Jersey

1. Can I revoke a Power of Attorney or Advance Directive?
Yes, you can revoke either document at any time, provided you are mentally competent. It’s important to follow the proper revocation procedures to ensure the revocation is legally binding.

2. What happens if I don’t have a Power of Attorney or Advance Directive?
Without these documents, your loved ones may need to petition the court to appoint a guardian or conservator to manage your affairs, a process that can be lengthy, stressful, and costly.

3. Are New Jersey Advance Directives valid in other states?
While Advance Directives are generally honored across state lines, laws vary. It’s wise to review and possibly update your documents if you move to another state.

4. How often should I review my Powers of Attorney and Advance Directives?
We recommend reviewing your documents every few years or whenever you experience major life changes, such as marriage, divorce, the birth of a child, or a significant change in health.

Contact Dempsey, Dempsey & Sheehan for Trusted Estate Planning Guidance in Summit

Planning for the future is one of the most meaningful steps you can take to protect yourself and your family. At Dempsey, Dempsey & Sheehan, we’re here to help you navigate this process with confidence. Our team of skilled estate planning attorneys will work closely with you to ensure that your Powers of Attorney and Advance Directives reflect your wishes and provide peace of mind.

To schedule a consultation or learn more about our services, please contact us today by calling 908-277-0388. Whether you’re just beginning to explore estate planning or looking to update your current arrangements, Summit Powers of Attorney & Advance Directives lawyers Dempsey, Dempsey & Sheehan are here to guide you every step of the way.