No one plans to become incapacitated.
Having the appropriate plan in place ensures your values, convictions and beliefs are respected even though you may not be capable of making decisions for yourself.
One way to do that is by drafting a document that permits you to legally appoint another individual or individuals to manage your affairs should you become incapable or incompetent.
This document is known as a Power of Attorney and the two most common Power of Attorney documents are a Continuing Power of Attorney and a Power of Attorney for Personal Care. The authority enacted through a Power of Attorney is vast and one must act diligently when selecting an attorney.
Please note that when referring to your attorney throughout this document I am referring to your appointed substitute decision maker and not your lawyer.
Additionally, if you are appointed to act as an attorney for a friend or family member it can be a considerable commitment.
A Continuing Power of Attorney authorizes your attorney to act on your behalf in financial matters. Common tasks your attorney will undertake may include paying bills, applying for benefits that you may be entitled to, collecting your pension or any other income, managing your investment portfolio or delegating this task to the appropriate party, and selling your home if necessary.
A typical Continuing Power of Attorney grants broad powers to your attorney.
This expanse of power is necessary to allow your attorney to manage your financial affairs appropriately. Unfortunately, fraud or misuse of a Continuing Power of Attorney is not uncommon.
As such, selecting the appropriate attorney(s) is an important decision that requires substantial consideration.
A Power of Attorney for Personal Care authorizes your attorney to make health care decisions on your behalf.
The decisions your attorney may be required to make can be difficult and involve the quality of care you receive, the consent or denial of suggested health treatment, and whether or not to consent to potentially extending your life via artificial means.
As these decisions can be consequential for both the individual making the decisions and the family and friends that are impacted, a Power of Attorney for Personal Care appointment requires an individual who is prepared to handle this emotional responsibility.
Many people choose to include a Living Will as part of their Power of Attorney for Personal Care. A Living Will is a statement of wishes solidifying the grantor’s beliefs and values with respect to end of life care.
A common inclusion in a Living Will states that the grantor does not wish to be kept alive by artificial means or heroic measures if there is no reasonable expectation of their survival from extreme physical or mental disability.
One of the benefits of including such a statement is that your loved ones will know what to do when faced with that decision — and they will have comfort knowing they adhered to your wishes.
Selecting the appropriate attorney and your understanding of your responsibilities if selected as an attorney are much more complicated than this general overview.
It can be one of the most impactful decisions of your life.
Disclaimer: This is a general overview and is not to be construed as legal advice. Talk to a lawyer about your situation.
submitted by Nathan Martin of Smith Valeriote Law Firm
