Will I Need a Power of Attorney?

Before we go much further, what is a Power of Attorney?

Simply put, it's the legal authority (or the document granting this authority) to act in another person's behalf.

There are actually four different types of powers of attorney:

• General: the agent (or person designated) can act in a wide capacity for another individual, such as managing their financial accounts or acting with authority in other matters. Should the principal become incapacitated or pass away, this authority is terminated.
• Durable: in this case, the P.O.A. "endures" or lasts even if the principal should become incapacitated.
• Special/Limited: the agent's powers are limited to certain areas such as acting on another's behalf in a real estate transaction or other legal matters.
• Springing: this P.O.A. authority "springs" to life when a certain event happens, such as the principal becoming incapacitated.

Now that you know the four main types, it will make conversing about the topics less confusing should speak with an attorney or others regarding this subject.

If you are here as a regular reader of our blog, your primary concern is all things "healthcare", and you are likely wondering if a Power of Attorney is right for your situation with a spouse or other family member.

To bottom line your answer: yes, you may certainly want to look into arranging a Power of Attorney if you are going to need access to health information and financial information as it relates to your loved ones healthcare and your loved one is relying on your help.

We all know how frustrating it is trying to deal with medical caregivers, Medicare, banks, and insurance companies when we are trying to act on someone else's behalf.

The privacy laws surrounding healthcare really tie your medical provider's hands. Having a Power of Attorney legally entitles you to act, and at the same time mitigates their liability in cooperating with you. It's a win-win.

If you feel that you may one day soon be in a position to need to act on a family member's behalf, have a consulation with your attorney. As in many things in life, this is one where you have to recognize and act ahead of time. Waiting until you need it...is too late.