When you think about it, that’s a huge responsibility for both you and your chosen person. Put simply, a power of attorney is a process designed to help you delegate your personal power of decision-making to someone else. They should communicate about your wishes in case you cannot. Powers of attorney are not just legal documents they’re an ever-changing collection of values and preferences. Medical and legal professionals can both agree that this is not a favorable statistic. More than two-thirds of Americans are in the same boat. If you don’t know what a power of attorney is, exactly, you’re not alone. When it comes to powers of attorney, you can never be too early - but your circumstance can very easily make you too late. Once aging family members lack legal capacity, they can’t use the very documents intended to address their eventual incapacity. Of course, families find this frustrating, and when they realize the backward nature of their approach, it can feel ironic. Once they are incapacitated or mentally incapable of making decisions, they cannot execute legal documents. Only a mentally competent individual can appoint a “POA” for themselves. Powers of attorney, as legal documents, are about authority and protection. It’s at this point that they want to know one very crucial thing: “Can you do a power of attorney and living trust for my parent?” This is a reversal of the legal process for lifetime planning, and it shows how few people truly understand what a power of attorney is - and what it is not. There are numerous misconceptions about powers of attorney - you can thank television for that! Legal experts and professionals routinely cite clients who will call up and explain that their elderly parent is now no longer competent.
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