Howard Schwartz, Of Counsel

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Cincinnati Probate Lawyer Howard Schwartz
Phone: (513) 587-3483
Fax: (513) 984-8118
50 E Business Way
Suite 410
Cincinnati, OH 45241

Advanced Directives

Advanced directives are documents that can be used to express your desires as to how your medical treatment, business and personal affairs should be handled when you are not able to express those matters yourself. Such directives relieve your loved ones of having to make decisions in difficult times. Advanced directives provide peace of mind and ensure that your affairs will be carried out as you would want them to be.

A power of attorney is a document that authorizes one person to act on behalf of another. The person granting the power is known as the grantor or principal. The person authorized to act is known as the attorney-in-fact. A power of attorney can be either durable or non-durable. If the instrument is durable, the powers granted therein to the attorney-in-fact will survive the incapacity or incompetence of the person granting the power. If the instrument is non-durable, the power granted therein will terminate upon the incapacity or incompetence of the person granting the power. All powers of attorney cease upon the death of the principal and may no longer be used. The named attorney-in-fact is able to act in the place of the principal. The attorney-in-fact will be able to transact business on the principal's behalf just as the principal could if he or she were present.

Financial Power of Attorney

This instrument gives the attorney-in-fact authority to handle the principal's financial affairs, such as bill payment, banking and investments. Financial powers of attorney can be effective immediately or can be activated upon the occurrence of a certain event, such as the incompetency or incapacitation of the principal. Financial powers of attorney can be unlimited in duration or terminate at a date certain. Financial powers of attorney may be durable. Financial powers of attorney can be revoked upon delivery of a written notice to the attorney-in-fact.

Durable Power of Attorney for Health Care

This instrument is used exclusively for authorizing the attorney-in-fact to make medical and health care decisions for the principal when the principal is no longer capable of making decisions for him or herself. A licensed physician will determine when the principal is no longer capable of making decisions. This instrument requires the attorney-in-fact to make health care decisions which are consistent with the wishes of the principal. The instrument will not overrule a living will. The person named as the attorney-in-fact must be an adult who is not your physician or the administrator of the facility in which you are receiving medical services.

Next: Living Wills »

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