Powers of Attorney

There are two types of powers of attorney: Financial Powers of Attorney and Health Care Powers of Attorney.

Financial Powers of Attorney: Usually associated with Durable Powers of Attorney, Financial Powers of Attorney allow someone else to be “you” legally. You are not giving up any powers or rights. You are simply allowing another person to have the same rights. It is effective the moment you sign the document and is valid unless and until revoked or the signor passes away. So you must trust the person you appoint, called your “attorney-in-fact”. This document is helpful if you need someone else to have access to your bank accounts, to pay your bills, assist you with your retirement accounts and check on your life insurance.

Deciding which type of power of attorney may be straightforward, depending on the circumstances. Finding a trusted person to manage your financial affairs may not be as easy. The “attorney-in-fact” can be a family member or friend whom you trust to manage financial affairs with the same due diligence as you would yourself.

It is generally a good idea to appoint more than one attorney-in-fact, even if you specify that only one of them may act at any given time. For example, a husband gives his wife power of attorney. The wife subsequently becomes incapacitated and is unable to care for her affairs, as well as that of her husband’s. Having more than one agent appointed will allow the husband’s power of attorney to stay in force without possible legal proceedings over his affairs.

Health Care Powers of Attorney: Also called Medical Power of Attorney or Advanced Directive, this document allows someone else to make health care decisions for you if you cannot. It also lets you control, at least to some degree, the health care you'll receive when you're unable to do so directly. For example, most Health Care Powers of Attorney state whether or not you desire life sustaining procedures if you are terminally ill, in a permanent coma, suffering from severe dementia or are in a persistent vegetative state.

The person you appoint in a Health Care Power of Attorney is called your “agent”. Choosing the right medical agent is very important. You need to choose someone that you trust. This person should know your religious beliefs, can easily talk to your doctors and won't hesitate to act on your behalf. Your agent needs to have adequate time to spend seeing you get the health care you prefer. It's a good idea to name an alternate agent who can step in if for any reason your main agent can't serve. Due to concern about conflicts of interest, your medical provider and its employees cannot be named as an agent.

Please contact us or submit your case for review on our Case Review Page
to discuss your power of attorney.