POWER OF ATTORNEY AND HEALTH CARE PROXY

An estate plan is incomplete without carefully drafted power of attorney and health care proxy/medical directive forms.

The power of attorney form is a document by which an individual appoints and authorizes an agent – or “attorney-in-fact” – to manage his or her financial affairs.  Having an effective power of attorney can ensure that a guardianship proceeding will not be necessary when an individual is incapacitated and unable to manage his or her financial affairs.  It also can be extremely useful for implementing important end-of-life estate planning transactions.

The health care proxy/medical directive form enables an individual to designate an agent to make medical decisions on his or her behalf at a time when the individual is incapable of making such decisions for himself or herself.  It also provides instructions about end of life care and post mortem matters.  Having an effective health care proxy/medical directive can ensure that decisions relating to an individual’s medical treatment will be made by the individual ahead of time or by a trusted family member/confidant in accordance with the individual’s personal wishes and/or religious beliefs, and not by a court or medical facility.

The existence of these documents during a time of severe illness and incapacity will help avoid unnecessary expenses and the need for court proceedings – items that would undoubtedly complicate matters and add stress to an already difficult and tumultuous situation.