Durable Power of Attorney

Durable Power of Attorney or POA, should not be confused with Medical Power of Attorney or Medical Directive Attorney. A POA is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other. In this case, the caregiver is the “other” or POA, and the loved one is the one who will authorize the caregiver.

The best time for your loved one to authorize their POA is before they need it. While your loved one is still lucid and able to make the decision to elect you as POA, it is the time to do the paperwork!

If your loved one has a lawyer (preferably the one that did their Trust or Will), contact them to set up an appointment for drafting a POA. Each lawyer or attorney will have their own fees associated with this procedure, but it is worth it. If you or your loved one haven’t had a Will drafted, or your estate is not yet in a Trust, please consider it. Estates will be tied up in probate for a minimum of 2 years in California, and often even longer. Not only that, but the state will make arbitrary decisions regarding your loved one’s money if direction isn’t already provided in a Trust.

If your loved one doesn’t have a private attorney or you’re only interested in having a POA drafted, the easiest way I’ve found to provide one is through www.LegalZoom.com. Now, there is one little yellow flag with this online assistance. Depending on how the Trust is worded, or the Will stated, some banks might take issue with the LegalZoom document. Always check with your bank’s legal department before you order the papers from LegalZoom. Chase Bank, in particular, tends to err on the side of caution when it comes to POAs (which of course is a good thing for your loved one, but a bit inconvenient for you). If your bank requires a statement on letterhead from the attorney who drafted the POA document, LegalZoom will not provide it, as they are not an attorney’s office. However, their documents are trustworthy, accurate, and legal. The wording of the Trust will make the difference in whether whether or not your loved on'es bank accepts the POA as drafted. By checking ahead of time, you’ll know what is needed up front and save yourself a lot of time and energy.

LegalZoom documents can be ordered online quickly and inexpensively. Once they arrive all you need to do is have a Notary witness yours and your loved one’s signatures. If your loved one cannot write, fear not! All that is needed is a mark. Once the Notary signs off, you can make copies of the document and send them to all banks, creditors, and financial institutions so your loved one no longer has to be present to communicate with these places.

Even with a POA in place, you will always want to check with your loved about their wishes in their business or private affairs. You are their advocate and should always be sure you are carrying out their desires the way they would want. Stay in communication with them as well, letting them know what is going on and what decisions you’ve made on their behalf.