FAQs - Deciding What You Want Your Attorney to Do for You

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You could appoint your friend to be your property attorney. A property attorney can make financial decisions. This could include withdrawing money from the bank, paying bills and buying or selling property. If it is an enduring power of attorney, it could also include using your funds to support your spouse and any dependent children. This could include financing their education.

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No. Neither a property or a personal attorney can make a Will for you or change your existing Will. Also, their authority under the power of attorney ends when you die.

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Yes. You could specifically allow it under your power of attorney. If not specifically permitted, there are some restrictions. In particular, the total value of all gifts in any year cannot exceed $1,000. You attorney can also only make the gift in this case if you can afford it and it is in keeping with what you would normally do.

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If you want someone to be able to act for you when you cannot make your own decisions, you must appoint an enduring power of attorney. This person would be your personal and property attorney unless you state otherwise. A personal attorney can make decisions about your personal affairs. This could include deciding where you should live and what kind of help you need around the home.

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A personal attorney cannot make health care decisions for you. You would need to prepare a health care directive to do this. A health care directive allows you to make decisions now about your future medical care. In your health care directive, you can name your son as your proxy so he can make decisions about your medical care if you cannot.