Helping a Loved One Make a Power of Attorney
by
Shae Irving, J.D.
Those who may soon be unable to make their own decisions should prepare powers of attorney.
Many people find themselves in the painful position of seeing a family member or close friend lose the ability to make sound medical and financial decisions. In addition to the grief of watching a loved one’s condition deteriorate, a caretaker’s situation can be made more difficult if the person in need of help denies -- or is not aware of -- worsening physical or mental health.
Understanding the Documents You Need
If the person you’re caring for is still of sound mind (a little forgetful is okay, as long as they can understand the plans you suggest) and receptive to the idea of setting out medical wishes and naming someone to handle financial matters, that will make things much easier. You can help the person prepare and finalize both medical and financial powers of attorney. These documents will name someone -- perhaps you -- to oversee medical care and handle financial matters. Here’s a brief overview of both documents.
Medical power of attorney. This document -- often called a “durable power of attorney for health care” -- names a trusted person to make health care decisions for someone who can no longer do so, or simply does not wish to. Depending on the person's state of residence, the health care representative may be called an agent, attorney-in-fact, health care proxy, health care surrogate, or something similar.
The health care agent works with doctors and other health care providers to make sure the person who makes the document gets the kind of care they wish to receive. When arranging care, the agent is legally bound to follow the document maker’s treatment preferences to the extent that he or she knows what they are.
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