 |
| Barbara K. Armstrong Paralegal |
I wanted to write a little bit
about the importance of having a durable financial power of attorney and
medical directive. A week doesn’t go by
when I do not receive a call from a frantic spouse, child or family member, who
is concerned that a family member has become incapable of making decisions for
himself (herself). They can’t assist in
taking care of the bills, assist in making medical decision, etc. At this point, it may be too late for the
incapacitated adult to sign a power of attorney and/or medical directive and a
guardian/conservator will have to be appointed. This process can take months to finalize as
there are many steps involved. Then
there is the cost associated with attorney’s fees for filing the petition and
various documents with the court and the fees for the guardian ad litem that is
appointed by the Court for the incapacitated individual.
There is much more involved
with the establishment of a guardian and/or conservator which not only is not
only expensive, it can be intrusive in the lives of all that are affected in
the process.
I cannot begin to tell you how
important it is to have a power of attorney and medical directive in
place. A power of attorney authorizes a
trusted individual to take care of any financial affairs of the incapacitated
individual and the medical directive allows for an appointed agent to assist in
making medical care decisions in the event that an individual cannot make those
choices for himself (herself).
The most common reasons I hear
for not having these documents in place are:
- Too expensive;
- Haven’t gotten around to it;
- Not sure I can trust anyone;
- I don’t need it.
Whatever reason you have for
not having a power of attorney or medical directive in place is not a good
one. Anyone over the age of 18 years
should have such documents in place if they have the capacity to do so. If not, they are rolling the dice and
gambling with who will take care of them in the event they are not able to make
decisions for themselves any longer.
So, if you do not have these documents in place, please contact us or
another attorney to discuss. The process
in establishing these documents is so much easier and less expensive than the
process of court proceedings in establishing a guardianship/conservatorship. The choice is yours.
