A power of attorney is a legal document that allows you to appoint someone to make decisions on your behalf if you become incapacitated. It is important to choose someone who you trust and who you believe will make decisions that are in your best interests. Some power of attorney documents grant broad authority to the person appointed, and there is often little oversight.

Under a durable power of attorney, the person appointed is called your ‘Agent’ or ‘Attorney-in-Fact.’ Under the medical power of attorney, the person appointed is known as your Patient Advocate.

Things to Consider

Here are some things to consider when choosing your Agent or Patient Advocate under a power of attorney:

• Choose someone you trust. The person you appoint as your power of attorney will have a great deal of power over your finances and medical decisions. It is important to choose someone you trust and someone you believe will make decisions that are in your best interests.
• Choose someone who is competent. The person you appoint as your power of attorney must be able to understand and carry out your wishes. If you are unsure of someone's competency, you should consult with an attorney.
• Choose someone who is available. The person you appoint as your Agent or Patient Advocate should be available to make decisions on your behalf when you are unable to do so. If you choose someone who has a lot of other responsibilities, or someone who lives far away, they may not be the best choice for this role.
• Choose someone who is willing. The person you appoint as your power of attorney should be willing to take on the responsibility of making decisions on your behalf. If you choose someone who is not willing, they may not be able to carry out your wishes.

Once you have chosen your Agent and Patient Advocate, it is important to discuss your wishes with them. This includes things like your financial and medical wishes, as well as your funeral arrangements. It is also important to give your power of attorney a copy of your power of attorney documents.

If you do not have a power of attorney, you will not have someone in place to legally make decisions for you if you become incapacitated. This can be a very difficult situation for you and your loved ones. It is important to take steps to protect yourself by creating power of attorney documents.

Additional Notes Regarding Powers of Attorney

Here are some additional things to keep in mind when creating a power of attorney:

• You can appoint more than one power of attorney.
• You can designate a successor power of attorney in case your choice is unable to serve.
• You do not need to appoint the same person to oversee your finances as the person you want to make your medical decisions.
• You can revoke your power of attorney at any time.

If you have any questions about powers of attorney, please feel free to give us a call. We can help you understand your options and create power of attorney documents that meet your needs.