Demystifying Powers of Attorney

by | Jul 19, 2024 | Consumer Issues

Senior Woman Signing Last Will And Testament At Home

The term “Power of Attorney” (POA) gets thrown around a lot, in real life and TV, and it’s usually portrayed as one thing — when in reality there are many types of POA. Each one does something different, and there’s plenty of overlap between them.

  • Durable POA: They call this one  the “durable” POA because it lasts past the point of incapacitation. This includes financial decisions and medical or end-of-life decisions. Most states make POAs durable by  default. 
  • Non-Durable POA: This type of POA allows your agent to pay your bills, etc, but it ends as soon as you become incapacitated. 
  • Medical POA: Allows the agent to make healthcare decisions on your behalf, like getting a feeding tube implanted or employing other extraordinary measures to preserve your life.
  • Springing POA: A springing POA springs into action once you become unable to communicate effectively. They’re generally frowned upon because the process of determining if you are incapacitated may be contentious, and it may also take so long that it is moot.
  • Financial POA: The POA makes decisions about money and property. Can be durable or nondurable. Typical duties for a financial POA include paying bills and expenses; making deposits and withdrawals; collecting and managing your retirement benefits; selling or renting your real estate; and filing your taxes.

As kids are getting ready to go to the dorm for the first time, or any time, it’s very important to remember that they are now adults. Medical providers won’t share information with you unless you have a HIPAA authorization from your kid. If, for whatever reason, you are not able to get a POA together in time for college, you should at least get your kid to allow you to be involved in their medical care via a HIPAA authorization form (Connecticut and New York). 

POAs are the kind of legal instrument that you can do yourself, but most people recommend letting an attorney handle it. That’s because courts will presume a document written by a lawyer is valid, whereas someone who did a DIY POA will probably be more harshly scrutinized for mistakes in form, etc. 

Whatever your POA situation  is, JHA can help you at any point in the process. Click here to learn more.