Choosing Your Power of Attorney Agent - Important Things to Consider

The Power of Attorney agent you choose will have complete legal authority to make decisions about your affairs. For this reason, it is crucial that you choose someone who is trustworthy and keeps your best interests in mind. Here are some common sense guidelines to follow when choosing your Power of Attorney agent:

• Pick someone who you really trust. They can be either a close relative or someone you have known for a long time. Don't trust your affairs to anyone who you think might not follow your wishes.

• Consider the cost. If you choose an attorney or accountant as your agent, there is usually a fee. Family members will usually perform agent duties for free.

•Choose someone with financial smarts. Your financial affairs will probably be better managed by someone who manages their own financial affairs carefully and effectively.

• Choose someone who agrees to do the job. Acting as your Power of Attorney agent is a big responsibility, and if the agent does not agree and understand the importance of the task, it might not be done well or the agent may back out later. Discuss the issue with your potential agent first and express your values and wishes with regard to how your affairs should be handled. This also gives the agent an opportunity to consider and communicate to you whether he or she is willing and able to handle the responsibilities.

Note: a Power of Attorney agent, sometimes referred to as an Attorney-in-Fact, does not have to be an attorney. The agent can be any adult that you trust and who is competent to handle your affairs. An agent can also be someone other than an individual, including a bank.

If you ever doubt your agent´s trustworthiness or if a conflict of interest arises, you should terminate the agent´s authority to act for you by using a Revocation of Power of Attorney document. As a follow up, you should also contact other parties who may have been relying on the authority of your agent such as banks. You may also appoint an alternate agent would become your primary agent if your first choice can not perform the duties when the time arrives. It should also be noted that a separate Power of Attorney must be created for each person. A "joint" Power of Attorney is not valid.

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Health Care and Living Wills Versus Power Of Attorney

Within your own personal health care there is the end of life issues that can occur. Knowing how you want these handled is important, so that there are not other problems that can arise if the situation were to occur. Even where is a living will in place, a power of attorney should also be in place as well, this helps to ensure that all issues are thoroughly covered and you know you will be taken care of the way you want to in the event of end of life.

Living Will

A living will covers what to do and not do in the event that there are end of life decisions to make. This document only goes into effect when you are no longer able to make decisions yourself and you are incapacitated. This could be for numerous reasons, from a coma to an injury that has occurred. It also covers if you are completely mentally incapacitated as well. A living will typically covers:

Medical Care That Prolongs Life - This is care and treatment that will prolong your life. This could be blood transfers, dialysis, drugs, surgery or respirators for instance. DNR or Do Not Resuscitate Orders - These stipulations work with the above in the sense that you can specify whether you wish to be resuscitated or receive CPR. These types of orders should be specified to the hospital and doctors you work with, as well as wearing a medical alert bracelet that specifies this decision. Food and Water That Prolongs Life - This specifies whether you want to receive food and water through external means. This can happen when there is an injury or a coma and a person can only live through intravenous food and water. Typically when these are stopped a person will pass away from dehydration. You can specify if you want this type of treatment, the conditions when this should happen and for how long this should go on for. Management Of Pain - This is also called comfort care as well and it is when you decide to die naturally, but not in pain. You are kept comfortable while dieing to improve the quality of life and dignity in the event of death. You can specify that drugs do be administered to keep you comfortable, but not in pain.

Power Of Attorney

Even when there is a living will in place, a durable power of attorney for health care decisions is necessary and recommended. The agent is given only as much power as you decide and can cover all decisions that the living will does not cover. If you do not specify the amount of power given, many states allow the agent comprehensive power when it comes to end of life decisions. A durable power of attorney for health care can cover, but is not limited to:

The power to consent to medical treatments. The power to deny medical treatments. This is as long as it does not go against anything that is already in your living will. Making the decision of which medical facility to use. They can make the decision of which doctors and other personnel to use for your treatment. They can go to court on your behalf to determine whether to with hold or continue medical treatment. The power to decide what to do with your remains and whether or not to donate your organs. Make sure to specify your wishes on these matters in the living will and even in the power of attorney document when you have direct feelings about these practices. They can access your medical records. They typically do have visitation rights. What Is The Role Of A Probate Solicitor?   New Year's Resolution: Make or Revise Your Will   How Inheritance Claims Can Prove Very Difficult   10 Top Terms Used In Wills and Will Writing   An Intro Into Properties Planning   Special Needs Trusts - What Are They?