FAQ
Q: What are Powers of Attorney?
A: Powers of Attorney are legal documents executed by a person which allow another person to make decisions for them if they are unable to do so. There are two kinds of powers of attorney: 1) a general, or financial, power of attorney; and 2) a durable power of attorney for healthcare. A general power of attorney allows a person to make financial decisions, for example the ability to enter into contracts, pay bills, obtain personal financial information. A durable power of attorney for healthcare allows a person to make healthcare decisions, such as whether to receive treatment. Such a document also allows a person to obtain access to medical records. This latter right is particularly important because of a recent federal law, HIPPA (Health Insurance Privacy Protection Act), which carefully controls who can have access to a person's medical records.
Q: Do Powers of Attorney take effect immediately?
A: They can. You can elect to have a document take effect immediately or upon certification by a doctor or doctors that you are unable to make decisions for yourself. The choice is yours.
Q: I have a living will, is that the same thing?
A: No. A living will tells others what your wishes are regarding healthcare decisions, such as whether you wish to receive life sustaining treatment in the event you are unable to tell the doctors what you want in an emergency. It does not give anyone the right to act on your behalf.
Q: My wife is having difficulty remembering things, can we execute a power of attorney to help me make decisions for her when the time comes that she cannot do so herself?
A: Maybe. Your wife must be competent in order to execute a power of attorney. If you believe that there is any question that your wife is not competent or her competentcy may be questioned, you might want to obtain a letter from your wife's doctor which states that she is competent to execute legal documents.
Q: My sister has power of attorney over my mom and seems to be spending a lot of money. What can I do?
A: The law allows a person who may be a beneficiary of your mom's estate to file a petition for an accounting. This process would require your sister to answer to the court and provide documentation that the expenditures were made for your mom's best interest. If she is unable to provide such documentation, she may be required to pay back all of or some of the money.
Q: My brother recently passed away, and I had power of attorney. Can I continue to act on his behalf with that document?
A: No. A power of attorney does not survive a person's death. You must file for Estate Administration with your local probate court in order to act as your brother's representative.