Powers of Attorney, Living Wills, Appointment of Health Care Representatives and Other Advance Directives

At Ball Eggleston, we can help you make critical plans regarding your medical care, finances and assets if you ever become unable to personally attend to your own affairs or make decisions.

Our lawyers have more than 120 years of experience in helping individuals make key decisions now regarding power of attorney, appointment of health care representative and living wills before the unexpected occurs.

If you are in need of guidance in the these areas, call an experienced Ball Eggleston lawyer for personal consultation.

Frequently Asked Questions

  • Why do I need a power of attorney?

    A power of attorney is a legal document that grants another person (called the attorney-in-fact) authority to act on your behalf. What authority is granted depends on the specific language of the document. You may need an attorney-in-fact for a specific matter, such as to sign legal documents at a real estate closing if you are unable to attend or to care for minor children in your absence. You may also give another person a general power of attorney to handle any matter that may arise. Such a general power of attorney can avoid the necessity of appointing a guardian if you become incapacitated and takes effect without appointment by a court (and is therefore non-adversarial and avoids the expense of a court proceeding).

  • Does my power of attorney have to be effective immediately?

    Your power of attorney can be effective immediately, on a certain date, or at the happening of a certain event, such as your incapacity.

  • If I appoint a health care representative, can I still make my own health care decisions?

    Yes, as long as you are able to do so.

  • If I have a Living Will and I am at home or I am in a motor vehicle accident, will I receive emergency care?

    Yes. A Living Will does not take effect until a physician certifies that your death is imminent. If you do not want to receive life-prolonging interventions in emergency situations, you may make an “Out-of-Hospital Do-Not-Resuscitate Declaration and Order” if you are qualified to do so under Indiana law. Of course, you must then wear a bracelet or pendant that notifies emergency personnel of this choice.

  • How can I be sure my family will carry out my wishes in regard to funeral arrangements and the final disposition of my body at death?

    Indiana allows you to make a "Funeral Planning Declaration." In the Declaration you name someone to carry out your instructions in the document. You may direct what you want done with your remains, direct which funeral home to use, and direct other specifics, such as grave markers and ceremonial rites to be arranged.

  • Do I really need to appoint a health care representative?

    Indiana statutes provide for categories of persons that can make health care decisions for you if you are unable to do so, for example, your spouse, your adult children, or your parents. Appointing a specific person leaves no doubt about who you want to make the decision and allows you to appoint someone not on the statutorily approved list -e.g., a clergyman or close friend. Also, making an appointment allows you to make your wishes known about the type of care that you do or do not want to have. It also avoids the expense of a court-appointed guardian if you become suddenly incapacitated.

  • Who should I choose as my attorney-in-fact?

    Your attorney-in-fact must be at least 18 years old. You may choose more than one person (for example, two of your children) and state whether they must act together (as in signing checks) or whether they may act separately. It should be someone that you trust and who is good at taking care of his or her own business (such as paying the bills on time and making prompt inquiries when bank statements or invoices appear wrong). It is helpful if they live near enough to you to efficiently handle your matters.