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Memos from Malis...One of the more infamous legal battles involved the medical treatment of Terri Schaivo, a young woman from Florida who suffered from cardiac arrest and was in a coma for several years. Her family could not agree how to proceed with her medical treatment, and this resulted in an epic legal battle that lasted from 1998-2005. Terri Schaivo did not have a Health Care Power of Attorney (POA) in place to guide her family on her wishes for medical treatment. If Terri Schaivo had a Health Care POA, her family would have known what her medical wishes were, and there would have been one person, her agent, assigned to carry out these wishes on her behalf.
This case illustrates the importance of a POA. There are actually two types of Powers of Attorney: Health Care and Property. With either type of POA, you give someone, an agent, the authority to act on your behalf and make decisions for you. Note though, that a POA only takes effect when you become incapacitated. Because you are giving decision-making authority to someone else, it is important that you choose someone you trust who will act in your best interest and will carry out your wishes even if he or she does not agree with them. Both POAs are extremely easy to execute because many state legislatures issue standard forms. A simple internet search should pull up the forms. Finally, neither POA is permanent and can be changed if your situation or wishes change.
A Health Care POA gives your agent the authority to act on your behalf and make medical decisions when you become incapacitated. With the Health Care POA, you can give your agent the authority to make an anatomical gift of your organs if you desire, and also indicate what type, if any, of life-sustaining treatment you want. You should have a candid discussion with your agent while you are executing the Health Care POA to make sure he or she understands exactly what you want. These are very delicate topics and individuals often feel very differently on them.
With a Property POA, you give your agent the authority to make decisions regarding your real and personal property as well as financial matters when you become incapacitated. Specifically, some of the powers you are granting your agent is the authority to sign and receive checks on your behalf, conduct your banking, and make decisions on any property you may own, including real estate.
Both of these POAs are extremely important documents that everyone should execute. Unfortunately, one never knows when they will become necessary, and it is better to err on the side of caution and have these documents ready.
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