Who Makes the Call? Power of Attorney Explained

By Hougum Law Firm

Understanding the intricacies of a Power of Attorney (POA) document can be daunting, but it's essential for future planning.  

Here's a breakdown of what you need to know: 

A POA allows you to designate a trusted individual to act on your behalf if you're unable to make decisions. There are two main types: medical and financial. 

A medical POA empowers a caregiver to make healthcare decisions if you're incapacitated, while a financial POA grants authority over your finances.  

While it's common for one person to handle both, separate individuals may be necessary in some cases. 

POAs grant broad or specific powers based on their wording. Here's a glimpse into what each type can decide: 

• Healthcare POA: Determines medical treatments, care providers, living arrangements, dietary needs, and personal care.  

• Financial POA: Manages financial accounts, pays expenses, files taxes, makes investments, collects debts, manages properties, and applies for benefits. 

Despite its authority, a POA has its limitations: 

• Can't alter your will.  

• Must uphold fiduciary duty.  

• Expires upon your death unless the caregiver is also the executor.  

• Can't transfer POA to another individual. 

By grasping these nuances, you can navigate the complexities of POA with clarity and confidence. 

We specialize in educating and helping you protect what you have for the people you love the most. Contact us to learn more about how we can help.