Powers of attorney and health care directives
Choosing who can sign when you can’t
A power of attorney is the document your bank, your doctor and your family will ask for first.
There are two jobs to fill: someone to handle money and property, and someone to speak for your health care wishes. They can be the same person, and often shouldn’t be. I help you pick, write down what each may and may not do, and leave copies where they will be found. If a parent can no longer sign, the choices narrow, and I walk through what is still possible.
The usual set of documents
Durable power of attorney for money and property
Health care power of attorney
Living will
HIPAA release
A letter of wishes for the family
Before I draft
Five questions I ask before I write a word
The forms are alike. The answers are what make yours yours.
- 01
Who would you call first?
The person you would trust at 2 a.m. may not be the oldest child. We talk about who is steady, nearby and willing.
- 02
Does anyone live far away?
A child in another state can still help. Some jobs, such as paying bills or talking to doctors, can be split by who is nearest.
- 03
Should it start now, or only if you can’t act?
A document that takes effect immediately is easy to use and gives up some control. One that waits needs proof, and some banks balk at it.
- 04
May the agent make gifts?
Silence leaves it to the bank to guess. I write what you intend, including whether an agent may help with a gift for care or for family.
- 05
Who gets a copy?
The document is no use in a drawer. We decide who holds a copy, and where the original stays.
Asked about powers of attorney
Can my son use it right away?
Only if it says so. A document can take effect when you sign it or only when a doctor confirms you can’t act. I explain the tradeoff and write the one you choose.
What if my mother can no longer understand what she is signing?
Then a power of attorney usually can’t be made, and the question becomes a court process for a guardian or conservator. It is slower and public, which is why I urge people to sign earlier than feels necessary.
Does a will do the same job?
No. A will takes effect after death. A power of attorney works during life, and it ends at death.
Start with who, not with the form
Tell me who you have in mind and who might disagree. That conversation shapes the documents more than any template does.