What is Power of Attorney and Advance Directives? Why do I need this?

I have heard it before.... "I don't need a Power of Attorney because if something happens to me my spouse will make decisions for me". Or I sometimes hear "I don't want to name someone Power of Attorney, they may take advantage of me". I hope we can understand better the importance of Power of Attorney as well as an understanding of advance directives.

Advance Directives - Umbrella term for the following:
Living Will- A written statement that shares your end-of-life wishes shall you become unable to make your own medical decisions.
Durable Power of Attorney- A person appointed to handle financial affairs including things such as: bill payment and handling of property.
Healthcare Power of Attorney - A person appointed to make healthcare decisions for you.
Do Not Resuscitate (DNR) - Must be signed by a physician that states you do not want CPR to save your life should something happen.

To answer the question of why you need a Power of Attorney if you have a spouse that can make decisions for you?

If you are incapacitated for a long period, example if you had a car accident that causes you to become brain damaged and either hospitalized for a long time or in need of long term care due to confusion due to a hit on the head. If a person does not have Power of Attorney, the spouse will have difficulty selling property in your name such as a car or selling a home (perhaps one income is not enough to keep up the home anymore) you will have difficulty if the house is in both names. In this case if Power of Attorney is not in place you may have to go to the courts to request guardianship which can be costly, can take away a lot of rights, may cause fights or disagreements in families and the disabled person (maybe you) must attend court and will be emotionally difficult for all parties involved.

I don't want to name someone Power of Attorney and have them take advantage of me.

I hope if you are naming someone to make important health or medical decisions for you, you are naming someone you trust! Absolutely trust! Otherwise you may not want to name that person as your POA. You can make special provisions in your documents and have what is called a Springing Power of Attorney that only "springs" into place when you become incapacitated. You can request either one or two physicians to state you are incapacitated. The only issue I see with this is if you are incapacitated you may be combative or disagreeable and not want to go with family to the doctor. Family has a hard time on determining how to get two physicians to sign the form if you are not hospitalized and you don't want to be taken to the doctor. This may land you in the Emergency room in order to get these two signatures or a call to adult protective services by family who knows you need help and not sure how to proceed. So, again, if you are going to name a POA, have someone you trust. If you cannot trust them when you are of sound mind, they are not someone you can trust when you are incapacitated.

When you name a Power of Attorney share with them your account information and draw up your living will so they can handle your affairs and end of life decisions in a way you want. It is extremely hard to make end of life decisions for someone else. If you make your wishes known you will not only have peace of mind your wishes will be followed, but you will take great burden off the person love as your POA in knowing they are doing what you want to have done and not having to "guess" at what you would want.

POA forms can be downloaded online. I recommend talking with an estate planning attorney to do this to guide you, give options, and answer questions. Your health and money are usually top priorities for people. Make sure you are prepared, you have planned for the unexpected and are knowledgeable about these matters that are paramount.

Health care POA information and forms for Ohio

Durable POA forms and information