Power Of Attorney for Personal Care

While a carefully drafted Will is essential to a comprehensive estate plan, and is necessary in directing the disposition of property and minimizing government interference into your affairs, a Will alone will be of no effect in the event of an incapacitating injury or debilitating disease experienced during your lifetime. That is why when I meet with my clients, I always stress the importance of having a power of attorney for both property and personal care in place.
Unfortunately, many people are unfamiliar with the concept of a power of attorney, or often believe it to be unnecessary if they have a Will. This is not true. There are very important distinctions between a Will and Power of Attorney that a person should be aware of. A power of attorney for both property and personal care come into effect upon signing and take effect during your lifetime. Your Will, on the other hand, only comes into effect upon death.
With respect to the power of attorney for personal care, imagine a scenario that while you are still alive, you are incapable of making decisions for yourself. In this instance, the person or persons named in your power of attorney for personal care can step in and make decisions on your behalf.  Your attorney for personal care can make decisions or provide consent on your behalf in a variety of situations, including, but not limited to, whether or not you should remain in a hospital, whether or not you should undergo certain tests or surgeries, and the types of life-sustaining measures that should be taken for you. As such, it is very important to choose a person or persons that you trust to handle such a role. It is also important to speak with the potential candidate(s) prior to naming them in your power of attorney for personal care, and to inform them of your wishes. One of the most common considerations discussed with the attorney for care is whether or not you would like to be kept on life support if the situation ever arises.
As a lawyer, I do recognize the difficulty people experience engaging in such conversations, especially for their loved ones as it can be unpleasant and uncomfortable, but I can assure that it will not only give you piece of mind, but also assist your attorney for personal care to make the appropriate decision based on your instructions, should the duty arise.