Power of Attorney - What the Heck is It, Anyways? - An Introduction

The title of the document itself is intimidating:  "POWER OF ATTORNEY".  People get intimidated, scared, and ultimately fail to act when considering creating a Power of Attorney for themselves.  Many people don't know what the Power of Attorney accomplishes.  If you have read this far, let me explain:  It is a fairly simple document to create, and with proper drafting and instructions this document will do very well at protecting your best interests in health and finances if you are no longer able to care for yourself and your affairs.  It will also save you and your family time, money, and stress by having this document prepared in case you are facing a critical health condition that affects your competency and/or consciousness.   

In the next few weeks I will add articles on this mysterious (no, not really!) document, but the first concept to understand is THE PARTY BEING PROTECTED BY A POWER OF ATTORNEY IS THE PARTY THAT CREATES THE DOCUMENT.  

"What the heck does that mean, David?"  Exactly what I just stated.  There are no exceptions in this concept.  If you have financial and health issues you wish to protect in advance, only YOU can create this document for yourself.  Your children, your siblings, any other issue (family member) or loved one cannot create a Power of Attorney for yourself without your conscious consent.  

For example, Mr. Jones takes seriously ill, and ends up in the hospital in a comatose state.  Mr. Jones has a house, a few bank accounts, and a son Jimmy who wants to protect his father's estate.  Can Jimmy create a Power of Attorney to protect his father?  

Answer:  No.  It was Mr. Jones, and not his son, who needed to create the Power of Attorney.  The Power of Attorney requires the protected party show the intent to create the document, including providing their signature when creating the Power of Attorney.  This requires the protected party to be competent, not comatose, at the time the document is created.  Jimmy will likely have to get a conservatorship for his father and petition the Court to allow him to handle his father's affairs.  The Power of Attorney would have avoided having to seek a conservatorship, and would have saved Jimmy much time and money.

The Power of Attorney  is a document that, once created, gives clear instructions to the protected party's loved ones (and doctors) regarding health and financial issues.  But the document MUST be created before bad health or lack of competency has set upon the protected party.

The moral here:  Don't wait.  Call an experienced attorney today to prepare a Power of Attorney for you.  They don't cost as much as you may think, and certainly less than petitioning the Court for assistance via a conservatorship.  Let me help you with your Power of Attorney concerns, call me at (951) 276-0500.