Losing the ability to make decisions due to incapacity is a difficult reality that many individuals may face as they age or in the event of unexpected illness or injury. While estate planning often focuses on what happens after death, it’s equally important to plan for the possibility of incapacity during one’s lifetime. Powers of attorney are essential legal documents that allow individuals to appoint trusted agents to make decisions on their behalf if they become unable to do so. In this blog post, we’ll explore the importance of powers of attorney in estate planning and why everyone should consider including them as part of their comprehensive plan for the future.

Understanding Powers of Attorney

Powers of attorney are legal documents that grant authority to another person, known as an agent or attorney-in-fact, to make decisions on behalf of the principal, the person creating the document. There are two primary types of powers of attorney: financial powers of attorney and healthcare powers of attorney.

Financial Powers of Attorney: Managing Finances and Assets

A financial power of attorney allows the designated agent to manage the principal’s financial affairs, including paying bills, managing investments, and making financial decisions. Without a financial power of attorney in place, family members may encounter significant challenges in accessing and managing the principal’s assets, especially if they become incapacitated. This can lead to delays, financial hardships, and unnecessary stress during an already difficult time.

Healthcare Powers of Attorney: Making Medical Decisions

A healthcare power of attorney, also known as a healthcare proxy or medical power of attorney, authorizes the designated agent to make medical decisions on behalf of the principal if they are unable to do so due to incapacity. This includes decisions about medical treatments, procedures, and end-of-life care. By appointing a healthcare agent and providing clear instructions about their wishes, individuals can ensure that their healthcare preferences are respected and that they receive the care they desire, even if they are unable to communicate their wishes directly.

Choosing the Right Agents

Selecting the right agents is a critical aspect of creating powers of attorney. Agents should be trustworthy, responsible individuals who understand the principal’s wishes and are willing to act in their best interests. It’s essential to have open and honest conversations with potential agents about their roles and responsibilities and to provide clear guidance about the principal’s preferences and values.

Take The First Step

We can help! Start by booking a Legacy Planning Consultation. This is a 1-hour meeting.  We’ll review your questionnaire, answer your questions, and present our flat fee packages. If we decide we are a good fit to work together, we’ll take next steps. You can book your Legacy Planning Consultation here. Mention this blog and we’ll waive the $350 session fee!