Of all the documents surrounding end of life concerns, besides a will, the power of attorney is the one you are most likely to at least heard of. A power of attorney works at any time of life and needs to be considered in your arsenal for protecting your decision-making ability.
Basically, a power of attorney gives the legal right for someone to do business on your behalf, in your name, signing legally for you. This document, governed by each state's law, can be temporary for one occurrence, such as someone signing a real estate transaction in your place in a distant city. Or, it can be permanent, allowing that person to do business for you in any and all situations.
A power of attorney is durable. This durability means that it continues in the case of your disability or inability to communicate. It ends with your death when your will enforces your final wishes and distribution of your assets.
Does this mean a person with the power of attorney has the right to make decisions for you?
By no means. It confers the right to execute business on your behalf. That is, it is supposed only to make it legal for someone else to sign to carry out your wishes and your decisions. They are not to transfer your assets to themselves or others.
A power of attorney cannot be used to commit you to a mental institution or agree to medical procedures you reject.
Now, here's the rub: There is no one out there supervising people holding a power of attorney. That is up to you. Clearly, someone with the legal right to sign for you holds a lot of power over your property and finances. There have been cases of people losing everything. That is the stuff of lawsuits for you or your heirs.
Choose carefully. Make your wishes clearly known. Set up some sort of accountability system if possible. And, get a lawyer to do it right.
With a living will clearly stating your medical treatment preferences, a medical power of attorney and a durable power of attorney, someone known to you for integrity and compassion can stand for you when you cannot stand for yourself.
The caution concerns abuses that exist with the power of attorney. Update your living will as often as needed, but do take a look at it annually. Keep an eye on anyone who does business on your behalf.
Remember that the laws governing the power of attorney and other documents vary from state to state. It is in your best interest to have a lawyer or a board certified Elder Care Lawyer, if that is the case, prepare them for you.
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