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there’s two main powers of attorney that
come into play one of those is a durable
and miscellaneous power of attorney also
known as a financial power of attorney
in the second aspect is a medical power
of attorney and so they really do two
different things but they send stem from
the same base really that base is if
someone were to become incapacitated
with an inability to make decisions for
themselves who’s making decisions on
their behalf so incapacity can be
anything in regards to alzheimer’s
Demento or let’s say you’re in a car
accident you’re in a coma so doctors
typically determine that incapacity
framework but on the financial medical
power of attorney side so that durable
and miscellaneous power of attorney this
provides individuals the ability to make
financial decisions on their behalf
whether it be accessing bank accounts
whether it be going to pay bills or
whatever the case may be think of it as
them stepping into that individual’s
shoes as if they are them from a
financial perspective the then on the
flip side on the medical side that same
aspect but allows them to make medical
decisions on their behalf and there is a
large misconception that people if
you’re in the family you can make those
decisions for them legally that’s not
necessarily the case practically doctors
will usually defer if there are no
documents in place but then you leave it
up to let’s say you don’t get along with
your family and they come in and make
the decision for you the power of
attorney allows you to set someone who
you trust to be able to make decisions
on your behalf versus just some random
individual or random family member you
may not want to make that decision for
you
Northglenn, CO estate planning & probate attorney Cole Pokard talks about the most common types of powers of attorney in estate planning.