You Should Really Have a Power of Attorney Right Now
We have written blog posts about powers of attorney in the past, but we want to reiterate the importance of having a power of attorney right NOW, during our shelter-in-place measures to mitigate the spread of COVID-19.
Powers of attorney give someone else authority to make financial and/or medical decisions on your behalf without your loved one having to go to court to get that authority.
Here are a few of the most frequent conversations we have had in the past few weeks:
I’m married, so my spouse can just do it. No, just because you’re married, your spouse does NOT have authority to make financial or medical decisions on your behalf.
I’ll just deal with it when the time comes. When the time comes, you or your loved one may be in the hospital and already incapacitated. This means that someone would have to go to court to obtain the legal authority to act on your behalf. And, unfortunately, right now, courts are not operating at full capacity due to COVID-19. Remember that the court is also limiting in-person contact, and is only hearing emergency matters. (Not to mention that going to court involves time, expense, and a public proceeding that could be humiliating for the person who is incapacitated.)
I’ve been quarantined for 14 days, so I’m not sick. We hope not. We really hope not. But if you leave the house to get groceries or someone drops something on your doorstep, your 14-day clock resets. Why count days? Have a plan in place NOW, when you can and when you don’t have to rely on courts to take action.
A power of attorney is most effective when utilized in conjunction with a comprehensive estate plan. But, if you do nothing else right now, please execute Powers of Attorney.