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Power of Attorney - Why Give Your Decisions to Others
We are born with the natural desire to make our own choices. Even as a child we want to choose what we eat, where we go, and especially when to go to sleep. As we grow older, we are given the privilege to make more and more decisions about our lives. Then, at the age of majority (which varies from country to country) you obtain the legal right to make all of your decisions. This legal right, or freedom, is one that is cherished by all who possess it.
Since this is such a cherished right, what would make someone give it up? Is there ever an advantageous reason to do so?
Power of Attorney: What is it?
A power of attorney is a legal term that is defined as "a legal instrument authorizing one to act as another's attorney or agent." This legal element is used to give your legal rights to another person. Such is used whenever the person who would normally bear the right to decide has lost such for various reasons. What reasons could that be?
A power of attorney might, for instance, be put into play if a person falls into a mental state where they are no longer able to make decisions. This might include a person who, due to Alzheimer's disease, can no longer comprehend their surroundings or even recognize another person. In such a state, they could not make a rational decision about everyday matters. There may be a need to transfer money from an account to pay some bills, yet, the person is unable to either write their signature or authorize the transfer. For these people the power of attorney would give others the right to make decisions for them while in a compromised state.
Medical and Non-medical Power of Attorney
The power of attorney can cover certain aspects of the decision-making capacity such as: the right to transfer money from banking accounts, make expenditures, sign away property, and to choose medical therapies. In essence, this gives a person complete right to decide for another.
It is possible to limit the power of attorney in some ways. For instance, one may wish to limit such only to areas that involve medical care while leaving all other legal aspects open. This may be acceptable in cases where a medical crisis is anticipated that is only temporary. One may also find that a person may do well making decisions of one sort, yet, may not do well in with complicated financial matters. Thus, someone may possess the right to make decisions of health care options yet is not able to make any others.
Conclusion
A power of attorney is a strong legal principle that can affect much more than just an individual's medical decision-making capacity. But to whom should this right be given? At what time should it be given? Why does it show loving concern for close family members? This will be considered in the next section.
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