NoBlood

The power of attorney is a very useful tool. Yet, like any such tool, there is a proper time and way to implement it. If done incorrectly it can have terrible consequences. The same is true if it is not implemented at all. The secret is to carefully think through what needs to be done and who needs to be included.

Who Should You Choose

For a power of attorney to be effective, someone must receive the legal authority. This may be a close family member or perhaps a trusted friend. At times a mate who is in failing health may give their full rights to the other mate. A child may receive the power of attorney from their parents when both of them have become old. If single and without family, a close family-friend, lawyer, or minister may be a good choice to give the power of attorney to.

Once a decision is made to obtain a power of attorney, one must decide if they want to give full power of attorney away, or divide it into medical and non-medical areas. One may want to choose different individuals to receive these different legal rights. But whoever is chosen, it is important that they be unquestionably trustworthy. It is possible for an individual to selfishly abuse the power of attorney once it has been granted. This has been discovered by those who put their trust in others.

But what are your wishes? As with a living will or a health care proxy, there may be wishes that you would want to be conveyed by the person who has been granted power of attorney. Such desires should be discussed with those granted the authority. These wishes could also be recorded in a document or will. There may also be an outline of individuals who have been given other legal rights and how these are to work together. All of these particulars should be well reviewed with all parties.

Why It May Help the Family

It is sad when a close family member is confined to a nursing home. It is even more difficult when this is due to a disease that has affected the loved one's mind. This situation is worsened when the remaining family member is not in the power to maintain the affairs of the one who is ill. Without the power of attorney being present, close family members who desire to help may be unable to do so. Of course, many assume that ownership and decision rights on property are automatically handed to the closest remaing family. Sadly, there may be local laws or situations in place that change these rights, which the family may be unaware of. Discussing these issues may be painful, but the time taken to prepare for serious health decisions is invaluable.

Conclusion

We hope that you will never face a difficult crisis, or lose the ability to make decisions, but it is important to prepare ahead of time. Careful review of the following material should give you some insight as to what can be done. Putting forth the effort now will go a long way.