By making a well-documented decision now—when you still can—you can avoid having a court name a decision-maker for you in the event an illness or accident were to keep you from speaking for yourself.
We all have the opportunity to complete any of a variety of powers of attorney, legal documents that put in writing our wishes as to how we would like our affairs managed, and by whom.
There are two primary types:
Power of Attorney
Through this, an individual, the “principal,” appoint one or more persons to act in his behalf as “agents” or “attorneys-in-fact.” A power of attorney can be “limited,” giving an attorney-in-fact very specific powers, such as closing the sale of a house or transferring the principal’s assets to a trust. Or it can be “general” in scope, authorizing an agent or agents to act in a variety of situations.
A power of attorney can be written to give the attorney-in-fact power as soon as the document is signed. Or you could choose a “springing” power of attorney, written to make the powers effective upon a specific future event, such as when the principal loses competency.
In some cases parents designate a child or other relative as attorney-in-fact to help manage finances or take care of property while they’re away on a trip or recuperating from an extended illness.
Health Care Power of Attorney
Also called a “durable power of attorney for health care,” this legal document authorizes a person of your choosing to make health care decisions for you when you are unable. The document takes effect only when you cannot make your own decisions regarding treatment. The document requires the person you appoint to make decisions that are consistent with your wishes. Open communication is important so all parties understand your wishes.
Many people choose to have both documents, as a living will applies only to end-of-life circumstances, while a health care power of attorney is intended to cover all other health care situations when you are unable to make decisions for yourself. Forms for both of these documents are generally available at health care facilities.
Although a lawyer generally is not required in the preparation of a power of attorney, legal counsel is recommended—to make certain the document complies with your state’s laws and will achieve the purposes you intend. For more information, visit the American Bar Association Web site, www.abanet.org, or that of your state bar association.
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