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Power of Attorney

 Washington, D.C. Power of Attorney Lawyer

Assisting Clients With Power of Attorney Matters 

Establishing a power of attorney (POA) is a critical step in ensuring that your personal and financial affairs are managed according to your wishes, especially during times of incapacity or absence. Whether you are planning for the future or dealing with an immediate need, having a knowledgeable attorney can make the process seamless and effective. J. S. Burton, PLC, specializes in the power of attorney services in Washington, D.C., providing clients with expert legal guidance and support.

Call J. S. Burton, PLC today at (888) 885-9001 or contact us online to schedule a consultation with our power of attorney lawyer in Washington, D.C.

What is Power of Attorney?

A power of attorney is considered a legal document that allows you to appoint someone else, known as an agent or attorney-in-fact, to act on your behalf in legal or financial matters. The scope of authority granted to the agent can vary widely, ranging from making financial decisions to managing healthcare choices.

There are several types of power of attorney:

  • General Power of Attorney: This grants broad authority to the agent to handle all your affairs, including financial transactions, property management, and legal matters. It is often used when you want someone to manage your affairs while you are unavailable.
  • Durable Power of Attorney: Unlike a general power of attorney, a durable POA remains effective even if you become incapacitated. This type is particularly important for long-term planning, ensuring that your wishes are honored even when you cannot make decisions for yourself.
  • Healthcare Power of Attorney: This specific type of POA gives your agent the authority to make medical decisions on your behalf if you are unable to do so. This can include decisions about treatments, medications, and end-of-life care.
  • Limited Power of Attorney: This restricts the agent’s authority to specific tasks or a defined time period. For example, you might appoint someone to handle a real estate transaction while you are out of the country.

What are the Benefits of Power of Attorney?

Establishing a power of attorney offers numerous advantages:

  • Control Over Decisions: By designating a trusted agent, you maintain control over who will make decisions on your behalf. This ensures that your preferences and values are respected, especially in critical situations.
  • Financial Management: A power of attorney can facilitate efficient management of your financial affairs. Whether it’s paying bills, managing investments, or selling property, having an agent can ensure your financial obligations are met without disruption.
  • Healthcare Decisions: In the occasion of a medical emergency or incapacitation, a healthcare power of attorney allows your agent to make informed decisions regarding your treatment and care, ensuring that your medical preferences are honored.
  • Avoiding Court Intervention: Establishing a power of attorney can help avoid the need for court-appointed guardianship or conservatorship if you become unable to manage your affairs. This process can be time-consuming and costly, so having a POA in place provides peace of mind.
  • Flexibility: A power of attorney can be tailored to meet your specific needs. You can specify the scope of authority and the duration of the agent's powers, allowing for a customized approach to managing your affairs.
  • Ease of Transition: If you are managing a business or complex financial matters, having a designated agent can facilitate a smooth transition of responsibilities, minimizing potential disruptions in operations.

How Our Power of Attorney Lawyer Can Help You

We can help you by:

  • Consultation and Assessment: We will take the time to understand your unique situation and discuss your goals and concerns related to power of attorney. This initial assessment is essential for determining the best type of POA for your needs.
  • Drafting and Reviewing Documents: We will meticulously draft your power of attorney documents, ensuring that all legal requirements are met. We also provide comprehensive reviews of existing documents to ensure they reflect your current wishes.
  • Agent Selection Guidance: Choosing the right agent is important. We can help you understand the qualities to look for and provide insights into the responsibilities your agent will have.
  • Regular Updates and Revisions: Life circumstances change, and so may your preferences. We can assist you with revising your power of attorney documents to ensure they remain aligned with your current situation.
  • Dispute Resolution: In the occasion of a dispute regarding the interpretation or execution of your power of attorney, we can represent your interests and help resolve conflicts effectively.

Contact Our Power of Attorney Lawyer in Washington, D.C. Today

If you are considering establishing a power of attorney or need assistance with an existing document, contact our Washington, D.C., power of attorney lawyer at J. S. Burton, PLC. We are committed to providing the legal support necessary to protect your interests and honor your wishes. Contact us today to schedule a consultation and take the first step toward securing your future.

Contact J. S. Burton, PLC, today to get started with our Washington, D.C., power of attorney lawyer.

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    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.
    "Friendly and personable service."
    J S Burton, PLC has helped with my estate planning. All aspects of my trust are clearly defined in an easy-to-understand folder. They coordinated with my financial planner seamlessly. The staff is friendly and personable. I highly endorse J S Burton.
    - Elizabeth M.
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    Thorough, responsive, and knowledgeable. I highly recommend this firm!
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    "Truly impressive and caring."
    J S Burton, PLC has been our family's trusted estate planner for over 20 years. Their professionalism, knowledge, and dedication are unmatched. They guide us through complex decisions with ease and clarity, always with a personal approach.
    - Ryan D.
    "Highly skilled and compassionate."
    J S Burton, PLC is an excellent estate planning firm—highly skilled, knowledgeable, and experienced. They listened with great kindness, compassion, and courtesy. All questions were answered, and a perfect estate plan was created. Very happy!
    - Kathy R.

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    FAQs

    • What estate planning documents should I have?
      A comprehensive estate plan should include the following documents, prepared by an attorney based on in-depth counseling which takes into account your particular family and financial situation:

      A Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You (and your spouse) are the Trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor Trustees to carry out your instructions in case of death or incapacity. Unlike a will, a trust usually becomes effective immediately after incapacity or death. Your Living Trust is "revocable" which allows you to make changes and even to terminate it. One of the great benefits of a properly funded Living Trust is the fact that it will avoid or minimize the expense, delays, and publicity associated with probate.

      If you have a Living Trust-based estate plan, you also need a pour-over will. For those with minor children, the nomination of a guardian must be set forth in a will. The other major function of a pour-over will is that it allows the executor to transfer any assets owned by the decedent into the decedent's trust so that they are distributed according to its terms.

      A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.

      A Durable Power of Attorney for Property allows your agent to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you during a period of incapacitation. This guardianship process is time-consuming, expensive, emotionally draining and often costs thousands of dollars.

      There are generally two types of durable powers of attorney: a present durable power of attorney in which the power is immediately transferred to your agent (also known as your attorney in fact); and a springing or future durable power of attorney that only comes into effect upon your subsequent disability as determined by your doctor. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or friend. Appointing an agent assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability.

      The law allows you to appoint someone you trust to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a Durable Power of Attorney for Health Care or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.

      A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

      Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above documents, you should also sign a HIPAA authorization form that allows the release of medical information to your agents, your successor trustees, your family and other people whom you designate.
    • How do I name a guardian for my children?
      If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.
    • What does my estate include?

      Your estate is simply everything that you own, anywhere in the world, including:

      • Your home or any other real estate that you own
      • Your business
      • Your share of any joint accounts
      • The full value of your retirement accounts
      • Any life insurance policies that you own
      • Any property owned by a trust, over which you have a significant control
    • Why is it important to establish an estate plan?

      Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

      If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.