Telephone:
Facsimile:
(615) 453-7553
(615) 453-7551
1037 West Main Street • Suite C
Lebanon, Tennessee 37087
 
 
 
Practice Areas

Durable Powers of Attorney:

If an individual needs minimal assistance, sometimes a Durable Power of Attorney may suffice. Individuals often need assistance with their financial affairs, particularly from family members. Thus, an important consideration is to determine who is the best person to serve as the attorney in fact for reasons including safety for the individual to family harmony. It is also important to know the pros and cons of having co-agents and successor attorneys in fact.

An individual must have the capacity to execute the document. In situations where a different attorneys in fact are appointed for a durable power of attorney and a durable power of attorney for healthcare, there may be some confusion as to which document controls in situations that require making medical decisions. For that reason, a paragraph stating which document controls is helpful.

There are many forms used for durable powers of attorney. Many forms contain broad, unrestricted powers which are generally easy to understand, but can often cause dire consequences for uninformed and trusting individuals. Holden Law Office discusses options with an individual to determine which specific powers are granted along with an unrestricted power subject to any limitations.There have been many changes in the law that affect individuals and long term planning goals. Many documents prepared in the last 5-10 years do not contain the necessary language that will allow the appointed attorney in fact to act on an individual's behalf. If an individual becomes incapacitated and does not have a durable power of attorney in place, or the current power of attorney does not have certain appropriate legal language, a conservatorship may be necessary.