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Power of Attorney

Discrete and Confidential Power of Attorney Lawyer

Protection for your health and financial wishes in West Chester, Mason and Lebanon

Ernst & Associates is a compassionate and caring firm in Ohio that offers individualized attention. We draft power of attorney documents that can save your family the grief and expense of seeking a guardianship.

A power of attorney is a legal document used to confer your legal authority on another person who will act in your interests should you become incapacitated. Our competent, diligent probate attorneys serving communities in Mason, Lebanon, West Chester and neighboring regions help you execute your financial and health care wishes.

There are several kinds of powers of attorney, but for estate planning purposes, only two are important:

  • Healthcare durable powers of attorney allow you to grant someone the power to make healthcare decisions when you are incapacitated.
  • Financial durable powers of attorney allow you to grant someone the power to manage your financial affairs.

Learn more about financial durable powers of attorney

A financial durable power of attorney (DPOA) enables an agent you trust and whom you have selected to act in your stead if you become incapacitated. Your agent is required to do at least all of the following:

  • Act in accordance with your reasonable expectations to the extent actually known by the agent and, otherwise, in your best interest
  • Act in good faith
  • Act only within the scope of authority granted in the power of attorney
  • Attempt to preserve your estate plan
  • Act loyally for your benefit
  • Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances
  • Keep a record of all receipts, disbursements and transactions made on your behalf

What a health care durable power of attorney does

An adult who is of sound mind may create a valid durable power of attorney (DPOA) for healthcare, granting someone trustworthy the power to make medical decisions once an attending physician determines that the person has become incapable to make informed decisions for himself or herself. To be valid, the durable power of attorney for healthcare must:

  • Be signed by the person delegating the power
  • State the date of its execution
  • Have two eligible witnesses

Your agent may make healthcare decisions for you while you are incapacitated to the same extent that you would make those decisions yourself, had you the capacity to do so. Your agent is required to act consistently with your express desires, or, if your desires are unknown, your agent must act in your best interests. The reputable and trustworthy estate administration attorneys at Ernst & Associates have experience drafting DPOAs across southwestern Ohio, including the West Chester, Mason and Lebanon areas, and we are fully informed about the requirements and duties of healthcare DPOAs. We can work with you to design the healthcare DPOA that best suits your needs.

Take steps to protect your health and financial plans

Contact Ernst & Associates online or by telephone at 513-970-6200 for a free initial consultation about durable powers of attorneys that protect your family and your wishes.

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Office Location
  • Lebanon Office
    11 S. Broadway St.
    Suite 200
    Lebanon, Ohio 45036
    Phone: 513-932-2214
    Fax: 513-932-2285