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What is a power of attorney in estate planning?

On Behalf of | Jan 16, 2024 | Estate Planning

In estate planning, the designation of a power of attorney (POA) can be truly consequential. It involves appointing a person to make decisions on your behalf if you become unable to do so. This appointment is a crucial element in ensuring your affairs are managed according to your wishes if you’re incapacitated.

Understanding the significance and function of medical and financial power of attorney designations is essential. Each type serves a distinct purpose that caters to different areas of an individual’s life.

Medical power of attorney

A medical power of attorney, also known as a healthcare proxy, grants someone the authority to make healthcare decisions on your behalf if you’re unable to communicate your wishes. This includes decisions about medical treatments, surgical procedures and other health care issues. The appointed person, who is often a trusted family member or friend, should understand your healthcare preferences and values. This designation is vital for ensuring your health care is managed as you wish, especially in critical or end-of-life situations.

Financial power of attorney

A financial power of attorney authorizes someone to handle your financial matters. This can include paying bills, managing investments and handling other monetary affairs. The scope of authority can be broad or limited. It can be designed to take effect immediately or only under certain conditions, such as incapacitation. Appointing a reliable and financially astute person for this role is crucial.

The importance of choosing the right agent

Selecting the right person to act as your power of attorney is critical. This individual should be trustworthy, reliable and capable of making decisions that align with your preferences and best interests. It’s also advisable to have open discussions with your chosen agent – or agents, as you can choose different people to fill each role – about your wishes and expectations.

Establishing a power of attorney requires drafting a legal document that clearly outlines the extent of authority granted and under what circumstances it should become effective. This is only one component of a comprehensive estate plan, so be sure you plan for other concerns as well, such as passing your assets to your loved ones.