Do I Need a Power Of Attorney?

By Terry Douglas, Maryland Elder Law Attorney

Douglas Law Office

More Legal and Health Articles

Do I Need a Power Of Attorney?

When I speak about estate planning, people tend to think that it's limited to documents for death and dying. So, what about the period when you are alive, but not well?

A Will is totally ineffective until death, and, therefore, does nothing to help you through incapacity and disability. On the other hand, a power of attorney (medical or financial) is a legal document that lets you name a person to step in your shoes to act for you when you are unable to do so.

The typical American over age 65 has a 75% chance of needing help with an activity of daily living (ADL), whether that's standing by the shower to prevent a fall, assistance getting in and out of bed, or eating or dressing. If your loved ones are unable to help you, what will you do?

Do you remember Terry Schiavo in the news about 10 years ago? That involved a lengthy lawsuit over a woman on artificial life support. Her husband wanted one thing to happen and her parents wanted another.

Here's another example An adult child learns that mom fell and was discharged from the hospital to the rehab facility. When the child tries to visit or make health care decisions, they are prohibited. Why? Because of privacy regulations and the fact that their parents didn't grant the legal authority in advance.

Oftentimes, the family members have to seek help from the court system, through a guardianship hearing. These Court-supervised proceedings for addressing your physical or mental incapacity can be costly, time-consuming, and burdensome.

Setting up a guardianship is like other matters involving the Court. Lawyers represent all parties, including you. Accountants manage your finances. Doctors confirm that you need someone to care for you. The law requires periodic reports to make sure everyone is looking out for your interests. What's more, all these people must be paid for their services. You bear this expense.

Here are some questions for you to consider

Do you want to avoid a guardianship hearing?

Are you prepared if something should happen to you?

Does your family know what to do?

Does you power of attorney have the special powers to authorize your “agent” to modify your estate plan should you ever need help with long term care expenses?

You have options. You can protect yourself, your family, and your “stuff”.

Estate planning is about more than getting a legal document. It's not something you want to do on a fill-in-the blank form from an internet site or the office supply store.