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What is a Power of Attorney?
Financial abuse would include misusing the power of attorney, using the adult s money for other purposes, pressuring adults to sell their home or property, cashing out the adult s pension or cheque, or pressuring the adults to buy alcohol or drugs. Abuse of the power of attorney could be intended or a sign of negligence. But how can you be so sure that your child will be able to perform all the responsibilities? If you have more than one child, it would be wise to divide the POA among the children who can handle the duties you require. Also, it helps to assess your children to determine which ones can decide according to your best interest or your wishes. Do I need to appoint a lawyer as an agent? The agent is also usually called the attorney-in-fact. You could appoint a lawyer as your agent. However, it is not a requirement. In fact, you could appoint just about anyone (in legal age) as your attorney-in-fact. The appointment and authorization should be clearly stated in the legal document (a power of attorney is actually a legally effective document). If you want something to happen in a specific situation in the future, your agent must follow your orders even if it is against their will to keep you alive despite your health condition. Choosing an agent who will make medical care decisions for you is not enough. You also need to discuss with your agent your wishes in specific instances such as the kind of medications you want and don t want to take when you are unconscious. Medical hospitals will not honor the provisions stated in the living will. It can state the medical wishes of the person but it does not appoint anyone from making the decisions for them. For people with mental illness, they can prepare the Psychiatric Advance Directives or PADs, which grants the proxy to dictate psychiatric care for the patient as they cannot make the decisions for themselves with regards to their wellbeing. For instance, if you are suddenly hospitalized even for a short period and you need to continue your important banking transactions, you need to get a power of attorney and appoint anyone you trust to do errands for you. The agent should just follow your instructions or directions especially if you are still very much capable of making your own decisions.
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