Legal Sherpa briefing for makers of powers of attorney
|
Powers of attorney help others speak on your behalf when you are unable to do it for yourself.
Powers of attorney for personal care and for management of property can be combined in one document or be in separate documents and have different attorneys appointed in each.
Often those chosen as attorneys for management of property will be the Estate Trustees under a will. It is usually not advisable to put conditions on the exercise of the power of attorney in the document itself. For instance, if a power of attorney for the management of property requires that it be exercised only in the case of mental incapacity of the grantor it would be difficult for a financial institution presented with the power of attorney to ascertain whether the grantor was in fact incapacitated without first receiving an accompanying doctor's certificate as to lack of capacity.
Sometimes a person provides a letter to their lawyer with instructions that a power of attorney is only to be released for use following receipt of a letter from them or a letter and follow-up conversation with their doctor confirming the incapacity.
A power of attorney for personal care authorizes the holder to make personal or health care decisions for you once you are incapable. Wishes regarding "heroic measures" or life support are often, but not necessarily, set out in a separate document known as a living will rather than being included in the power of attorney for personal care document.
|
If you are interested in donating organs or tissue and need additional information please visit:
|
|