Estate Planning Attorney Andrew Hook Clarifies Power of Attorney and Guardianship | Law Firm Newswire

Estate Planning Attorney Andrew Hook Clarifies Power of Attorney and Guardianship

Hook Law Center (formerly Oast & Hook)

Hook Law Center (formerly Oast & Hook)

Virginia Beach, VA (Law Firm Newswire) December 15, 2014 – When a person becomes incapacitated and is no longer able to make medical, financial or legal decisions, it becomes necessary for another person to step in and make decisions on his or her behalf. Power of attorney and guardianship are two vehicles by which this may occur.

A power of attorney is a legal document which a person uses to designate someone to act on his or her behalf if he or she is incapacitated. A power of attorney can be general, granting the agent power over all of the individual’s affairs; it can also be more specific, and apply only to certain accounts or transactions. A health care power of attorney can also be established and appoints an agent to make health care decisions.

“Power of attorney gives individuals the assurance that someone with their best interests in mind will be making decisions for them if they are too sick to do so,” said Andrew Hook, a Virginia estate planning attorney with Hook Law Center, with offices in Virginia Beach and northern Suffolk.

Hook recommends that people discuss their wishes with their agent early on, and that the agent know where to find copies of relevant legal documents.

In contrast, guardianship is used in cases where a person is incapable of making decisions due to mental disability, such as dementia or severe mental illness. In such cases, a court can appoint a guardian to make decisions on behalf of the disabled individual. The guardian can then make financial, legal, and health care decisions on behalf of the individual.

Guardianship is broader than power of attorney, and there is more court oversight in the process. The court will only appoint a guardian when a power of attorney is not a feasible option.

Hook Law Center
295 Bendix Road, Suite 170
Virginia Beach, Virginia 23452-1294
Phone: 757-399-7506
Fax: 757-397-1267

SUFFOLK
5806 Harbour View Blvd.
Suite 203
Suffolk VA 23435
Phone: 757-399-7506
Fax: 757-397-1267
http://www.hooklawcenter.com/

  • Year-End Planning For 2020
    <p>As of the November 23rd letter from the Administrator of the U.S. General Services Administration to President-Elect Joe Biden allowing the start of the presidential transition, the 2020 Presidential election is (mostly) decided in favor of President-Elect Biden.  This article will address what this transition may mean for your tax, financial and estate planning and [...]</p>
    <p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/11/24/year-end-planning-for-2020/">Read More...</a></p>
    <p>The post <a href="http://www.hooklawcenter.com/2020/11/24/year-end-planning-for-2020/" target="_blank">Year-End Planning For 2020</a> first appeared on <a href="http://www.hooklawcenter.com/" target="_blank">Hook Law Center</a>.</p>
  • A Letter to Our Clients: 2020 Year-End Planning
    <p>Dear Client: I am writing to you as we reach the end of this extraordinary and difficult year. Although the year is nearing an end, the events we have experienced undoubtedly will have an effect well into the future.  Naturally, the most significant impact is the human toll of the pandemic, and the lingering effects [...]</p>
    <p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/11/23/a-letter-to-our-clients-2020-year-end-planning/">Read More...</a></p>
    <p>The post <a href="http://www.hooklawcenter.com/2020/11/23/a-letter-to-our-clients-2020-year-end-planning/" target="_blank">A Letter to Our Clients: 2020 Year-End Planning</a> first appeared on <a href="http://www.hooklawcenter.com/" target="_blank">Hook Law Center</a>.</p>
  • Dying of Loneliness: The Paradox of Covid-19
    <p>Even before the pandemic, social isolation and loneliness were considered serious health risks for older Americans because they are more likely to face factors such as living alone, the loss of family and friends, chronic illness, and hearing loss. This social isolation can make seniors more vulnerable to things such as financial abuse, loneliness, and [...]</p>
    <p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/11/20/dying-of-loneliness-the-paradox-of-covid-19/">Read More...</a></p>
    <p>The post <a href="http://www.hooklawcenter.com/2020/11/20/dying-of-loneliness-the-paradox-of-covid-19/" target="_blank">Dying of Loneliness: The Paradox of Covid-19</a> first appeared on <a href="http://www.hooklawcenter.com/" target="_blank">Hook Law Center</a>.</p>
  • Working Mothers and Memory
    <p>It seems that as if no time in history have we been more focused on health than in 2020. Daily, we are receiving discouraging news about COVID, the symptoms of COVID, the risks for COVID and other factors that may increase mortality. This comes while many Americans are still battling cancer, heart disease, and cognitive [...]</p>
    <p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/11/13/working-women-and-memory/">Read More...</a></p>
    <p>The post <a href="http://www.hooklawcenter.com/2020/11/13/working-women-and-memory/" target="_blank">Working Mothers and Memory</a> first appeared on <a href="http://www.hooklawcenter.com/" target="_blank">Hook Law Center</a>.</p>
  • How to Approach the Medicaid Process
    <p>For many people, Medicaid is an important benefit that enriches their lives and allows them to receive much-needed care. Known as Medical Assistance in some states, Medicaid is a comprehensive health care program that helps give financial assistance to people who need skilled nursing care and meet certain financial guidelines. Medicaid is especially important for [...]</p>
    <p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/11/06/how-to-approach-the-medicaid-process/">Read More...</a></p>
    <p>The post <a href="http://www.hooklawcenter.com/2020/11/06/how-to-approach-the-medicaid-process/" target="_blank">How to Approach the Medicaid Process</a> first appeared on <a href="http://www.hooklawcenter.com/" target="_blank">Hook Law Center</a>.</p>

Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required