What's a POA and Why You Need One

For the past seven weeks I’ve been heavily involved in caring for my father. He has Parkinson’s Disease and it interferes with his balance and movement. In February he fell and actually did that thing our mothers warn ed us about – he broke his neck. After surgery and many weeks of rehabilitation he’s back to what passes for his “Normal” life, but I still get a call from his assisted living facility about once a week because he’s fallen again.

Because my brothers and I had the foresight to get healthcare (also known as “Medical”) and financial (also known as “Durable”) Power of Attorney (or POA) documents for our parents years ago, taking care of my dad is far easier when I’m interacting with medical personnel and the staff at his facility. The document gives me the legal authority to make decisions about his care and living situations in the event that he’s impaired, which he has been for some time due to the Parkinson’s.

Aging parents are one of the best known applications of a Power of Attorney document, but having teenage or older children, or being a single adult are other great reasons to get a POA. Most people are unaware that changes in state laws years ago strip parents of their authority to make important decisions for their children after they turn 18. After a person’s 18th birthday states no longer recognize a parent as a legitimate person to make decisions for their children in the event of a medical or financial crisis.

A close friend learned this truth when their non-minor child was in an automobile accident while at college in another state. As soon as they received word of the accident they drove quickly to the hospital where their child was being treated, only to learn that they could neither make decisions for their daughter (who was unconscious) nor be allowed to see her or even be in her hospital room. Medical facilities are extremely sensitive to the potential for lawsuits and, therefore, tend to follow laws and doctor’s orders to the letter.

The growing rate of children and young adults suffering with mental health issues puts a sharper point on this legal climate. A father I know was almost ushered out of the room of his son, a college sophomore who was having a severe panic attack and visual hallucinations, by hospital security because the child was 19 years old. It was only because the father had a medical background and the security guard was reasonable person that he was allowed to stay with his son. A Healthcare POA document would have prevented the conversation from even happening.

(If your child goes to college you face a similar situation due to the FERPA law that applies to all college students. Under the Family Educational Rights and Privacy Act (FERPA) your child must sign a legal release with her or his college in order for their parent(s) to see their grades and attendance (or non-attendance). This means a parent may not even know their child is at risk of failing classes and/or wasting tuition money until it’s too late.)

So, for whom should you obtain a POA document and where do you find them?

I advise all of my friends who have children of any age and/or aging parents to discuss with them the reasons why a POA is a good idea, then get the POA documents. Although many or most young people naturally want a higher degree of freedom when they start a post-high school education, most are unaware of the fact that their parents cannot assist with their medical treatment decisions if they are unconscious or impaired – leaving these decisions to a complete stranger. A POA discussion with your child is an act of love that most will quickly recognize.

I also advise my unmarried adult friends to obtain POA documents to ensure their health and financial decisions are made by someone who knows and cares about them and has their best interest in mind. These precautions don’t apply to married persons, whom the states still view has having a legal right to make decisions for a spouse. But it’s also not a bad idea to get POA documents for the off-chance that both spouses are incapacitated.

Finally, it’s always a good idea to get POAs for aging parents or even yourself. Because the risk for cognitive impairment due to stroke or other acute medical conditions rises dramatically around age 60, that’s generally a fair standard for putting medical and durable POAs in place.

Of course, the term “aging” is open to interpretation and can cause conflict if a parent [wrongly] perceives their rights of self-determination being curtailed. For them I ask a simple question: “Would you rather a stranger make decisions about your care when you are unconscious or mentally impaired or have those decisions made by someone that you can be certain loves you?” The fact is that outside of unconsciousness or a documented chronic condition like Dementia due to Alzheimer’s or similar diseases, it’s a very difficult legal and medical process to have someone declared mentally incompetent, so it’s very unlikely that someone would lose their ability to control their own lives or livelihood.

Where can you get a POA document?

While most attorneys would prefer that you come to them, the Internet is chock-full of legally binding Power of Attorney documents. All you need to do is enter “Power of Attorney” and the state where you need the POA to be binding and a plethora of PDF and Template options will be presented upon hitting ENTER. You will need to select among the versions – Healthcare, Medical, Financial and Durable – but once you’ve done this you simply fill in the pertinent information, print the document and take it to a Notary Public before signing it.

In these situations, all of the parties named in the document must be present so that the Notary may verify and notarize the authenticity of the signatures. Almost any bank or credit union has a Notary Public on-site during business hours, you just need to call ahead and verify that one will be present at the time you arrange. It’s also usually a good idea to go to your own bank because they'll probably do it for free.

I know this is a bit off-topic from my usual work-life focus, but it’s also important for you to be aware of these things if you are to obtain or maintain the work-life you want.

As always, I’m glad to discuss aspects of this topic, like how to have a POA conversation with your kid(s) or parent(s), as well as things that directly relate to your work-life. Just click here, and we’ll get something on the calendar.

My Best to You!
Dr. Jim Bailey