Powers of Attorney: Making Decisions with You In Mind

The idea of giving someone else the ability to make decisions for you can feel scary and confusing. Establishing Powers of Attorney feels like you’re giving up control, but it actually protects your best interests by giving authority to someone you trust when you’re unable to make decisions for yourself.

Setting up a POA with an attorney allows you to choose in advance who will help you, rather than leaving decisions that could alter your life and your family’s lives up to the probate court. When a Power of Attorney is established, your appointed person can make decisions on your behalf regarding finances, handling property, or making healthcare decisions if you are sick, injured, or out of the country. 

It’s important to establish a Power of Attorney with an attorney in your home state, so that state-specific language can be used in your documents.

What is a “Powers of Attorney”?

A Powers of Attorney (POA) is a legal document that allows you to appoint another person, known as an agent or attorney-in-fact, to make decisions on your behalf. These can include managing your finances, handling property, or making healthcare decisions if you’re unable to do so yourself.

There are different types of Powers of Attorney:

General Durable Power of Attorney:

A General Durable Power of Attorney gives your chosen agent the legal authority to manage your financial affairs and assets. This type of POA remains valid even if you become incapacitated.

Durable Healthcare Power of Attorney:

A Durable Healthcare Power of Attorney allows someone you trust to make medical decisions for you if you are unable to communicate your wishes.

Springing Power of Attorney

A Springing Power of Attorney only becomes active after a specific event, usually when one or more physicians declare you legally incapacitated.

Limited Power of Attorney

A Limited Power of Attorney grants someone authority to act on your behalf in specific situations, such as caring for pets or handling bills while you’re on vacation.

For Your Children: Powers of Attorney for College Students and Young Adults

Once your child turns 18, you no longer have automatic legal authority to act on their behalf. That includes accessing medical records or managing financial matters, even in emergencies.

Having a Power of Attorney for your young adult can give you the legal ability to step in during a medical emergency, help them with financial aid, or handle important matters while they’re away at college.

Why Can’t I Do This Myself?

While there are many templates and online services that offer quick solutions, these “powerless powers of attorney” often:

• Lack State-Specific Language
• Miss Critical Legal Provisions
• Aren’t Properly Executed

These DIY Powers of Attorney can leave families scrambling for court-appointed guardians or conservators when a crisis hits.

By working with an elder law attorney, you can secure your peace of mind with:

• Personalized, Attorney-Drafted, Proper Legal Documentation
• Reviews of Existing Powers of Attorney Forms
• Consultations for Young Adults and Families

Misconceptions about Powers of Attorney:

Powers Of Attorney Do Not Take Away Your Control

You are in control of your decisions as long as you are deemed able. You can still make financial, medical, and property decisions. You have the authority to override or revoke the Powers of Attorney, as long as you are of sound mind.

A POA gives someone the ability to act for you, not replace you. 

Powers of Attorney Do Not Have Unlimited Authority

Your appointed person is only given as much authority as is explicitly stated in the documents.

They are held to a legal responsibility called fiduciary duty that requires them to make decisions in your best interest at all times. They’re required to avoid conflicts of interest, follow your explicit wishes, and not use it for their personal gain. Violating this means they could be sued or charged with a crime.

Your Spouse or Family Do Not Automatically Have Powers of Attorney

Your parents, children, or spouse do not have legal authority to access accounts, sign documents, or manage your healthcare, finances, or property without your signed legal authority. 

Without a Power of Attorney, the court can appoint a guardian or conservator who can override your family’s wishes. This is one of many reasons people establish Powers of Attorney, so they can direct the authority to those closest to them. 

For more questions, call Ozarks Elder Law at 417-868-8200.

Book a Free Consultation With Ozarks Elder Law

If you’d like to appoint a trusted person who has YOUR best interests in mind as your Power of Attorney, scheduling a free consultation is the first step.

Ozarks Elder Law can help you create your POA, review your existing legal documents, and answer any questions or concerns you may have about these decisions. 

Call today to schedule your FREE consultation with Ozarks Elder Law and learn more about how you can plan for your future by establishing Powers of Attorney.