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Caregiver Legal and Financial Considerations: Power of Attorney

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Senior LIFE

Posted on

Nov 21, 2024

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Pennsylvania - Greater Pittsburgh Area

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Protecting Your Loved One’s Independence and Well-Being at Home

Helping a family member remain independent and living at home is a labor of love, but at times it can be overwhelming. There is so much to consider beyond just their overall health and well-being. Depending on the situation, a loved one may need immediate or future help coordinating medical care or managing finances. Having the proper Power of Attorney credentials established can help caregivers navigate the complexities of the system and avoid costly or time-consuming pitfalls during their loved one’s aging journey.

Here is a basic overview of two of the most common Power of Attorney documents:

Financial Power of Attorney (Durable)

With a Financial Power of Attorney (POA), a person known as the “principal” appoints an “agent” to carry out financial and other activities, as instructed by the principal. Often the person designated is a family member but note that it may be advisable to name a primary agent and an alternate agent. Principals may choose whether the POA becomes effective immediately or only in the event of illness/disability. Ideally, the POA document should have language indicating that it is durable (remains in effect even after the person is legally incapacitated). In Pennsylvania, the Financial POA must be notarized and witnessed. The law also stipulates that a POA must exercise the powers for the benefit of the principal, keep the assets of the principal separate from their own, and exercise reasonable caution and prudence. Financial Power of Attorney ceases after the principal passes away.

Medical Power of Attorney

Pennsylvania recognizes two types of advanced directives for healthcare decisions: Medical Power of Attorney and Living Wills. The Medical Power of Attorney, also known as a Healthcare POA or healthcare proxy, is broader in scope than a Living Will in that it empowers the caregiver to make all medical decisions if their loved one is unconscious, incapacitated, or mentally incompetent. The appointed person will be able to access medical records, speak to healthcare professionals, and make healthcare judgments and medical decisions based on their loved one’s treatment (or non-treatment) preferences. A Medical POA is a crucial component of advance care planning, allowing your loved one to ensure that their healthcare preferences are honored. The document must have two witnesses and be notarized.

Information and downloadable Power of Attorney pdf documents are available online. During the application process to Senior LIFE, a Senior LIFE outreach coordinator can also help you get started with the POA process. Contact us today.

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