What is a Power of Attorney?
A Power of Attorney is a legal document that is used to give someone else the authority to take actions on your behalf, such as signing your checks to pay your bills or selling a particular piece of real estate for you. It can be general in nature so that you can give broad powers to the person, or you can limit the powers given so that only specific actions are permitted to take place on your behalf.
Durable Power of Attorney
Most Powers of Attorney will terminate if you become incapacitated. However, if the Power of Attorney is Durable, it will remain valid and in effect even if you become incapacitated and unable to make decisions for yourself. The Power of Attorney must specifically state that the powers will be durable and remain in effect during your incapacity, should you take ill or be unable to make decisions for yourself otherwise the powers will terminate.
Durable Health Care Power of Attorney
You should also have what is known as a Durable Health Care Power of Attorney so that you can appoint someone you trust to act as your health care agent and make medical decisions on your behalf in the event you are unable to do so for yourself.
Who do you name as your agent?
This person could be your spouse, your child or a close friend. Name a person you trust and whom will be able to step into your shoes and make the decisions you would make if you could do it yourself. Medical decisions are emotionally difficult to make, even if they are being made pursuant to your desires. Knowing that someone is already in place to carry out your wishes will give you peace of mind.
Having these document prepared before you become ill not only shows that you care for your family but that you do not wish to make a difficult time in their lives any more difficult. They will allow your family to be able to immediately start taking care of you and your needs.