Power of Attorney

When serving as Agent under a Power-of-Attorney, Guidance Carolina offers our clients peace of mind, knowing that their financial and medical decisions are in good hands, either now or in the future.

A Power-of-Attorney is a useful planning tool in the event that you become unable to make important decisions independently. Disability can arise from a number of different causes, such as illness, injury, an accident, or old age. If you become incapacitated by a disability and you have not executed a Power-of-Attorney, then the court may decide who will act on your behalf.

Having a Power-of-Attorney in place is the easiest way to deal with the legal aspects that could arise should you or your loved one need assistance with important decisions. In short, a Power-of-Attorney is a legal document that gives someone, often called an agent, the legal authority to make decisions for another person who is unable to make them independently. This can include both financial and medical decisions.

In executing your Power-of-Attorney documents, you are giving the agent a great deal of power and authority. Thus, you should be sure to choose someone you trust and have confidence in to handle your affairs. In some cases, a trusted family member or friend may not be available to serve. Your family may live in another state or country. Or, you may not have any close family or friends that can be trusted with this responsibility.

You may simply want to spare your loved ones the burden of handling your affairs if you become incapacitated. Whatever the reason, Guidance Carolina can help. We offer you peace of mind, knowing that your future financial and medical decisions are in good hands.

Are you or a loved one concerned about who might handle your affairs if you become incapacitated in the future?

To discuss your needs, please REQUEST INFORMATION.

Frequently Asked Questions

What is a Power-of-Attorney?

A Power-of-Attorney is a written document that allows an individual (called the “principal” in this context) to appoint another party (called the “agent”) to be in charge of specific medical, financial, or other legal decisions on his or her behalf. The agent can have the authority to deal with your finances and property and also your personal welfare. The purpose of granting such power is to ensure that, should you ever become unwell and be unable to manage your day-to-day finances or be incapable of making decisions about your personal welfare, your interests will continue to be protected by the agent you have chosen.

How does Guidance Carolina (GC) serve as Power-of-Attorney?

As Power-of-Attorney, Guidance Carolina will follow your instructions (oral and written) and act in your best interest. Some common responsibilities that we fulfill as Power-of-Attorney include these:
– Engage in banking transactions.
– Pay bills.
– Access safety deposit boxes.
– Buy and sell property.
– Make decisions about investments.
– File tax returns.
– Access medical records.
– Make routine and emergency medical decisions on your behalf.
– Consent to treatment.
– Make decisions about long-term care and residential placement.
– Follow your wishes about end-of-life care.

Again, our role as your Power-of-Attorney can be as broad or as limited as you choose. Our responsibility is solely to you, and our job is to follow your instructions explicitly. By planning ahead, we will have the time to get to know you and learn your goals and wishes.

What are the different types of Power-of-Attorney?

The type of Power-of-Attorney depends on what specific responsibilities you want to give your agent and at what point you want the responsibilities to be enacted. Guidance Carolina serves in the following capacities:
– Financial Power-of-Attorney – Gives the agent the authority to make financial decisions for the individual.
– Healthcare Power-of-Attorney – Gives the agent the authority to make medical decisions on behalf of the individual.

I am married. If I become incapacitated, my spouse can step in, right?

Many people assume that a spouse or family member can just step in and take care of legal and financial affairs if the need arises. This is not the case. Without a Power-of-Attorney, your family may be forced to go through a costly and time-consuming court action to have a Guardian appointed to make decisions for you. If you do not have any family and have not named anyone to make decisions for you, you may be faced with becoming a “ward of the state” which refers to a person who is under the legal protection of a government agency. Executing a Power-of-Attorney document keeps you in charge when it comes to your own healthcare and financial decisions.

Who should I appoint as my agent?

Powers-of-Attorney are only as good as the agents who are appointed. Appointing a trustworthy person as an agent is critical. In many cases, this person is a spouse, an adult child, or a close friend. But in other cases, a trusted family member or friend may not be available to serve. Your family may live in another state or country. Or you may not have any close family or friends that can be trusted with this responsibility. You may simply want to spare your loved ones the burden of handling your affairs if you become incapacitated. Whatever the reason, Guidance Carolina can offer you peace of mind, knowing that your future financial and medical decisions are in good hands.

Do I need legal assistance in order to execute a Power-of-Attorney?

Officially, no – an attorney is not required, but it is always a good idea to consult an attorney for advice on the best way to tailor the document to your specific wishes. To name Guidance Carolina in your Power-of-Attorney documents, we do require that you work with an attorney.

Does Guidance Carolina charge a fee for this service?

Yes, Guidance Carolina is a fee-for-service nonprofit organization. By charging a fee for the services provided for those who are able to pay, Guidance Carolina is able to continue serving clients who run out of financial resources during their lifetime.

Where can I learn more about Powers-of-Attorney?

American Bar Association Advance Care Planning Toolkit

National Academy of Elder Law Attorneys

National Hospice and Palliative Care Organization

What is the difference between Durable Powers-of-Attorney & Guardianship?

Learn More

I already have a Power-of-Attorney. Do I also need a Representative Payee?

Yes. The Treasury Department does not recognize Powers-of-Attorney for negotiating federal payments, including Social Security or SSI checks. This means, if you have Power-of-Attorney for someone who is incapable of managing his or her own benefits, you must still apply to serve as his or her Payee.

Testimonials

“As an estate planning attorney, I appreciate Guidance Carolina (GC) for serving as a unique resource for clients who have complex needs and benefit from both care management and fiduciary services. Knowing that GC is there for my clients and understands what it takes to support them is invaluable.”

Larry Rocamora, Esq.

Certified NC Estate Planning Attorney - McPherson, Rocamora, Nicholson, Wilson & Hinkle, PLLC

"The conscientious work and exemplary professionalism that Guidance Carolina always exhibits makes all the difference in the world to your clients and their families. We are so grateful!"

Sister of Special Needs Trust Beneficiary Served since 2015

"The staff of Guidance Carolina is responsive, helpful and easy to work with. They have their clients best interests in mind. We always enjoy working with them because we know we all want to reach the best result and impact for the client."

Keith S. Hiatt

CPATax Partner - Breslow Starling Frost Warner Boger Hiatt, PLLC

"I always find [Guidance Carolina] goes above the expected. Each time we complete a goal, they are always looking for the next thing they can help with. When someone from Guidance Carolina says they are going to do something, it gets done."

Family Member of Special Needs Trust Beneficiary Served since 2014

“It has been such a pleasure working with Guidance Carolina. Their team is caring, knowledgeable and responsive. Their commitment to the individuals and families they help support is unparalleled.”

Allison Sanders

VP of Business Development - Special Considerations

"Guidance Carolina (GC) makes a positive difference because the staff truly treats each client as if they were their own family – many of whom (clients) have no other family!"

Marquita P. Laughlin, MA, MSW, LCSW

Home & Community Based Care Social Worker - U.S. Department of Veterans Affairs

"Working side by side with Guidance Carolina (GC) has been a valued partnership throughout the years. As a home care agency, Options for Senior America has been able to see the impact that the GC has had on their clients. They are able to provide a continuum of care that keeps their clients safe and in the right hands. Being able to witness firsthand, the dedication that they have to their clients and families has been nothing short of amazing. They have always been available, professional, and reliable. Options will always support Guidance Carolina (GC) and what they do for older adults and those with disabilities!"

Jered Yalung, Pharm.D.

VP of Marketing and Operations - Options for Senior America

"I want to sincerely thank each of you for the incredible work you do. It has been an absolute joy and privilege to work alongside your team over these past few years. Your dedication, compassion, and unwavering support for our mutual client were truly extraordinary.
His smile was truly contagious, and I hope you can find comfort and peace in knowing that you made a meaningful difference in his life. Because of your commitment, he was supported, respected, and uplifted through every step of this journey. He was genuinely grateful for each of you and always lit up when we talked about the care you provided and the way you ensured he was always well taken care of.

--With love, appreciation, and gratitude."

Heather Smith

Senior Advisor of Clinical Transformation - Continuum Care Advisors