The Power of Attorney

Even the most prudent and trusting of us may be squeamish about giving someone else power of attorney, much less durable power of attorney. This plays into our refusal to believe that we might not be able to make our own decisions. A will—of course we'd have one. Health, home and car insurance — who would think of going without these? But to give someone else power of attorney sounds too much like giving away our power before there is any need to do so. Let's clear this up, just in case—it's too important, and too often misunderstood, not to talk about it.

In case of a sudden, grievous accident or illness, certainly you want someone with the legal right to make the decisions you would make, until you are back to your normal mental and physical capacity.

You can structure a power of attorney any way you like. Ask your attorney to put in writing stringent, detailed instructions. You can spell out how and when the power of attorney is to kick in. It's very much like going on an extended trip, where you are likely to be out of communication with family, friends or business associates for an indeterminate period of time. Of course, you would put in writing all of the financial, business and other decisions that might come up, and leave copies with the important people in your life—certainly with your attorney.

A durable power of attorney is drafted now and becomes effective if you are unable to make your own decisions. Simply put it where other key papers are—including your living will, traditional will and any trust documents you may have. It is a good idea to share this information and the location of the documents with the important people in your life.

Please contact Houck Medford at (336) 721-0260, or via e-mail at hmedford@brpfoundation.org, for more information.

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