Powers of attorney can be important additions to standard estate plans. People concerned about their health or finances can draft documents to address the possibility of a medical emergency. Powers of attorney extend authority to another adult who can manage the finances of an incapacitated adult or potentially make decisions regarding their medical care.
How can those thinking about the possibility of a future emergency choose an effective agent or attorney-in-fact to name in their documents?
Availability is a major factor
When an emergency arises, the person affected may require immediate support. They may need someone to be present at the hospital while they undergo medical care. They may require support regarding their finances, especially if they run a small business or have a mortgage payment due in the near future.
The availability of potential agents is a key consideration. Can they show up late at night with minimal warning if an emergency arises? Proximity is also an important consideration. The agent or attorney-in-fact generally needs to be close enough to arrive promptly when summoned due to emergency circumstances.
The personality of the agent is also a key factor to consider. They need to be honest and respectful enough to reasonably uphold the wishes of the principal who drafted the documents. They also need to be assertive enough to withstand criticism from family members or question a care plan in a medical setting. Some people choose one specific person whom they trust. Others may nominate two or more people to share power of attorney.
Carefully considering different options can help adults properly protect themselves with powers of attorney. An agent selected plays a critical role in protecting an incapacitated person after an emergency occurs, making the choice of the right candidate of the utmost importance.