POWER OF ATTORNEY DATA

Appointing Multiple or Alternate Representatives


When executing a power of attorney, you may choose to appoint more than one person to act on your behalf. This may require that the two people act jointly, both signing any instrument in order for it to be binding upon you, or may permit them each to act individually on your behalf. Due to the difficulties that can arise from conflict between representatives, or from obtaining multiple signatures, under most circumstances lawyers typically recommend appointing a single representative.



You may also name an alternative representative (or a series of successors), who will act in the event that the first person you named dies, becomes disabled, or no longer wishes to act as your representative.



When Does a Power of Attorney Become Effective?

A power of attorney may become effective at the time it is signed. In the alternative, it may become effective at a future date described within the document, or it may become effective upon the occurrence of a specific future event or contingency (such as your becoming disabled).



Planning for Medical Disability

The greatest need for a power of attorney - the need most people have and perhaps most neglect - is one that is made in anticipation of a medical emergency or disability. That is, if you are in an accident, or suffer a disease or disorder that may leave you unable to articulate your own wishes, a medical power of attorney form allows you to choose in advance who will represent your interests, and can impose upon them the restrictions you wish. You may wish to make clear, for example, that the person is not authorized to override your "living will", an instrument which limits the right of doctors and hospitals to resuscitate you or to utilize invasive life support to keep you alive.



If you do not have a medical power of attorney, in the event of incapacity your loved ones may be forced to seek a court order to appoint somebody, usually deemed a "guardian", who will be authorized to oversee your medical care, where you receive your care, and to enforce your wishes in relation to your care. Further, a court may not appoint the person you would have preferred, and may not be willing or able to accept the representations of your loved ones as to your stated preferences for your care and treatment. While it can be uncomfortable to address this type of issue with your loved ones, it is better to do so in advance of a crisis rather than forcing them to go through a court process at what will already be an extremely difficult time.



Most people who engage in estate planning in anticipation of possible disability obtain both a medical power of attorney and a general power of attorney, which enables a trusted loved one to oversee their finances while they are incapacitated. In the event of a longer-term disability, having a duly authorized legal representative who can manage your bank accounts, process any income or insurance proceeds, and pay your bills, will almost always be necessary. As with the medical power of attorney, if you neglect to plan in advance it is likely that a court will have to appoint somebody to represent your interests. This person, generally called a "conservator", again may not be the person you would have chosen, and may in fact be a private individual who works at a significant hourly fee, paid out of your estate. It makes sense to plan in advance.



While some people will look to the Internet for this type of legal document, the easiest way to obtain the powers of attorney described in this section are as follows:



Most attorneys who create a general estate plan will issue powers of attorney as a part of that plan;



If you do not wish to utilize an attorney to draft an estate plan, you can almost always obtain free power of attorney forms, which have already been reviewed for legality in your state, from a hospital. All you have to do is ask. Hospitals offer these forms because it can save them a great deal of difficulty if people obtain these authorizations when they are healthy and competent, as opposed to requiring one of their administrators to guide family members through the process of petitioning a court for the appointment of a guardian or conservator, and dealing with the associated delays.



Please note that powers of attorney issued for the purpose of managing your assets in the event of disability are almost always unlimited in duration, that is, they are "durable" powers of attorney. Many financial institutions are reluctant to accept or rely upon powers of attorney which expire after a specific date, and some will refuse to accept them. If you are interested in limiting the duration of a power of attorney which takes effect in the event of disability, it makes sense to check with an attorney in your state to see what effect such a limit will have. Also, you may wish to limit any power of attorney of this type, such that it expressly recognizes your right to participate in medical and financial decisions, to the extent that you are able.