Three legal documents can ensure that the wishes made when healthy will be followed when health and clear mind is taken away by sickness or by age. The three documents are the Power of Attorney, the Will or Living Trust, and the Living Will or Health Care Proxy. Although these documents may go by varying names, each serves a specific purpose. These are all very serious documents and should be prepared utilizing an attorney. Particular circumstances may involve alternate legal arrangements.
Laws can vary between states.
The power of attorney delegates the right to make the monetary and property transactions specified therein. Power of attorney may be general assigning power to deal with all assets and to take all necessary action, or special allowing only specific acts or control of specific property. If the power of attorney is to remain in effect during periods of incapacity, it must be a durable power of attorney. If the power of attorney is not durable, it can be come invalid during incapacity. The power of attorney is in effect only during life.