A “codicil” is a document which modifies part, but not all of a previously executed will. Codicils also must be signed in a very specific legal way, and attorneys can provide assistance on this procedure.
THE POWER OF ATTORNEY
There are a number of different kinds of “powers of attorney” which may be helpful in estate planning and otherwise. Some of those are:
1. General power of attorney. This is a power of attorney which allows a designated person to perform most acts which otherwise could be performed by the person granting the power. General powers of attorney are ordinarily honored by most persons and agencies. One notable exception is the Social Security Administration, which has its own forms and requirements. If a general power of attorney is a “durable” general power of attorney, it is not affected by the incapacity of the person granting the power. In other words, it is possible for a person, while he or she is mentally alert and stable, to grant a durable power of attorney to another person, and then for that other person to continue to do business for the first person even after the first person becomes incompetent. This can be useful in preventing guardianship proceedings down the road.
2. Specific power of attorney. It is also possible to create a more limited power of attorney for one or several isolated purposes. For example, someone who is going to be on vacation at the time of a real estate closing involving his or her property may want to grant a limited power of attorney to someone else for the purpose of going to the closing, signing the particular deed, etc., but not to deal with any other personal business. Or, parents who are temporarily going out of state may wish to sign a power of attorney to grant to a designated person the right to arrange for medical care for a minor child. There are a number of other specific situations in which such limited powers of attorney are used.
3. Durable power of attorney for health care. This is a legal document which authorizes a second person to make health care decisions for a first person if that first person should lose the capacity to make informed health care decisions. This sort of power of attorney becomes effective only when the first person is temporarily or permanently unable to make decisions regarding such medical treatment. It comes into play in a variety of circumstances, including situations like this: The first person is involved in a wreck and is in need of medical treatment; that person can not be consulted because he or she is unconscious; there may be several different types of treatment which are possible and a decision needs to be made on what the course of treatment is to be. The person chosen to perform this function can make the decision for the unconscious person.
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