Clear Lake Probate Lawyer | Powers Of Attorney

If you need a Medical Power of Attorney, Durable Power of Attorney, or Directive to Physician, you should consider seeking the advice of a Clear Lake Probate Lawyer experienced in drafting Powers of Attorney and Directives to Physicians.

For 25+ years, the Law Firm of Badeaux and Associates has advised clients on the use and application of the Powers of Attorneys and Directives to Physicians. Because of their extensive experience, the Clear Lake Probate Lawyers at Badeaux and Associates know the right questions to ask the clients to result in the least confusion and discomfort to their family. The firm’s philosophy is to be sensitive to the clients and their issues that can arise when planning for illness or death.

What Makes Us Unique?

Joanne Badeaux’s prior work experience and volunteer work have given her keen insight, which is unique from other attorneys. Ms. Badeaux adds her wealth of knowledge to the firm’s extensive legal experience. Joanne Badeaux was a Hospice volunteer. She sat with patients who were dying and saw, first hand, the family’s use of Medical Powers of Attorney and Directives to Physicians. Because of that experience, the firm has added or subtracted unique language in its Medical Powers of Attorney and Directives to Physician that other attorneys do not.

Definitions

  1. Q: What is a durable power of attorney?A: A durable power of attorney is a document that allows you (the principal) to give authority to another person (your agent or attorney-in-fact) to make financial decisions and financial transactions on your behalf. It is called “durable” when, by its terms, it remains effective even if the principle becomes mentally incompetent.
  2. Q: What is a medical power of attorney?A: A medical power of attorney is a document that allows you (the principal) to give authority to another person (your agent or attorney-in-fact) to make health care decisions on your behalf should you be unable to make such decisions. The individual chosen to act on the your behalf is referred to as an “agent.”
  3. Q: What is a Directive to Physician?A: It is a document that sets out how you should be cared for if you have been diagnosed with a terminal illness and are incapacitated.
  4. Q: Are the Powers of Attorney or Directives to Physician valid after the person’s death who signed it? 

    A: No. After someone dies their Powers of Attorney and Directives are not valid; therefore, the agent named to act in the Power of Attorney has no legal authority. After the principal dies, the agent specifically has no authority to access bank accounts, withdraw funds or transfer assets.

  5. The person that has authority of the decedent’s assets is the Executor named in the Will, but the Executor’s powers do not begin until after the Executor has sworn an oath in probate court.

For more information about the role of the Executor, go to our “Executor Appointment” tab.

Contact a Clear Lake Probate Lawyer

To learn more, speak with our Clear Lake Probate Lawyers today! Call us at 281-486-4737!