Durable Power of Attorney Documents: Why They Are So Important

Author

Donna Schuyler Law

Posted on

Oct 12, 2022

Book/Edition

Idaho - Boise and the Treasure Valley

Adults make decisions

every day in life. You make financial choices regarding banking, paying bills and

managing assets. You decide with whom to socialize and also where to live. You

make health care decisions such as consenting to or refusing treatment, obtaining

medical records and choose a course of treatment when ill. But what happens if

you are too sick or disabled to manage these decisions? Before it is too late,

have you prepared for someone to act on your behalf in the event of a crisis or

if you are unable to manage decisions on your own? Adding a person to your bank

accounts is not the answer because, among other reasons, it is dangerous and

places your accounts at risk. Thankfully, there is a key legal tool for supported

decision making called a Durable Power of Attorney.

            A Durable Power of Attorney means one person (the

“principal”) gives written legal authority to another (the “agent” or

“attorney-in-fact”) to act on behalf of the principal. “Durable” means the

agent can act when the principal loses capacity. A General Durable Power of

Attorney permits your agent to manage any part or all of your financial affairs

and property. A Health Care Durable Power of Attorney enables your agent to

make any or all health care decisions if you become incapacitated and cannot

make decisions for yourself.  A Living

Will allows you to spell out your desired medical treatment regarding

life-saving procedures, artificial nutrition and artificial hydration if you

become unable to speak for yourself because you have a terminal illness where

death in imminent or you are in a persistent vegetative state.

            Choosing the right person as an agent is a very

important decision and should be given careful consideration. It should be

someone who is trustworthy, honest, knows how to handle money and accepts the

responsibility as an agent. This agent owes a duty to the principal, called a

“fiduciary” duty, which means the agent has to act in the principal’s best

interest, in good faith and with care, and keep good records. Abuse by an agent

or a breach of fiduciary duty can be punishable civilly and criminally. A

principal has the control to revoke a Power of Attorney at any time.

            If you become incapacitated and have not executed Power

of Attorney documents, court proceedings called Guardianship and

Conservatorship may be needed for someone to obtain supported decision making

authority, which is both time consuming and costly. However, this may be

avoided by planning in advance and executing Durable Power of Attorney documents,

which give you greater control and freedom of choice in an affordable manner.

This article was written by Donna

A. Schuyler, Attorney, who practices in the areas of estate planning, elder law,

guardianship and probate.





















Donna Schuyler Law, PLLC; elderlawboise.com; Phone

208-344-1947

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Donna Schuyler Law PLLC

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Donna Schuyler Law PLLC

Elder Abuse Prevention PO Box 2617, Boise, Idaho, 83701

With over 25 years of experience as an elder advocate, Attorney Donna Schuyler practices in the areas of elder law, estate planning, guardianship, conservatorship and probate.Her lifes work is to provide protection for this vulnerable population and help elders achieve a high quality of life while preserving dignity and respect.Donna is a member of the Idaho State Bar Taxation, Probate and Trust Law Section, a member of the Idaho State Bar Professionalism and Ethics Section, past president and current member of the Treasure Valley Estate Planning Council and board member of Trust and Estate Professionals of Idaho. She has authored numerous articles on elder issues and lectures nationwide on estate planning and elder matters.

Donna Schuyler Law

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With over 25 years of experience as an elder advocate, Attorney Donna Schuyler practices in the areas of elder law, estate planning, guardianship, conservatorship and probate.Her lifes work is to provide protection for this vulnerable population and help elders achieve a high quality of life while preserving dignity and respect.Donna is a member of the Idaho State Bar Taxation, Probate and Trust Law Section, a member of the Idaho State Bar Professionalism and Ethics Section, past president and current member of the Treasure Valley Estate Planning Council and board member of Trust and Estate Professionals of Idaho. She has authored numerous articles on elder issues and lectures nationwide on estate planning and elder matters.