This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. You can use this form to appoint an attorney-in-fact (agent) to make decisions regarding property, financial, management, banking, business and other matters for you. The powers granted to an Agent in this Power of Attorney are very broad, but do NOT provide for health care services. This form complies with all applicable state statutory laws.

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In this video we're going to be discussing powers of attorney and why it is such an important document for Medicaid planning and one of the first things that I want to get out of the way is a lot of people think that the durable power of attorney is a one-size-fits-all document they go on one of these internet sites they pay 50 bucks or a hundred bucks or whatever it is, and they download this form document, and they get okay good I've done my job I now have my power of attorney in place and that's not entirely true in fact durable powers of attorney have to be very specifically drafted for Medicaid planning purposes or elder law purposes because there's just no such thing as a general durable power of attorney you can't just say here I want this personally do whatever they want you have to very specifically describe what it is you're giving them the authority to do and most estate planning attorneys and form documents found on the internet they're not adequate they're just not adequate and that's not the cast dispersion son estate planning attorneys that you come to them for a very specific purpose, and they put together typically a fine document for that purpose but the durable power of attorney for in a Medicaid planning context or what an elder law attorney needs to do their job successfully would typically will require language that an estate planning attorney won't put in their document because it's not their job and the second reason and of course it as a form document that you just online I can almost guarantee that it's not going to be adequate, so these are very important things to take into consideration if it's been some time since you have signed your durable power of attorney I would highly suggest you have it reviewed by an elder law attorney to make sure that if you ever get to the point where you can't do you can't act for yourself, and you need to apply for government benefits sometimes you want the person who or the attorney-in-fact who holds the power of attorney to be able to self deal you want to make sure that the document gives them the ability to do that otherwise you can make be put into a situation where if you become incapacitated no attorney will be able to help you because the power of attorney document is just not sufficient for those purposes then your other option is you have to institute a guardianship proceeding and that is needlessly expensive, so people think to themselves well I'm nervous about signing this power of returning with very, very significant powers to my agent I would say you know better for you to pick the person to act on your behalf than the judge at least in most cases
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