How do you know when you should grant someone power of attorney and how do you choose a person to do that? 

Trust

Trust is an essential element of choosing a power of attorney. “You want to pick someone who knows what your wishes are,” says Dennis Powell. “Do you want to have medical care at any cost? You have to ask yourself these questions.” Powell is putting into action the decisions you have already decided on rather than making those decisions themselves. Most people choose a close relative, such as their spouse or parents. Some even have alternate powers of attorney. Young people are cautioned against choosing a boyfriend or a girlfriend (as opposed to a spouse), while older people should be wary of someone respecting a DNR (do not resuscitate) order. You should have absolute trust in the person you choose.

Family

Choosing a power of attorney is a great exercise in trust. You can  choose a member of your family, your parents, siblings, or spouse. Some even have alternatives in case anything goes wrong. Dennis Powell cautions young people on their choices. “I would not go to a friend unless there is really nothing else available. That person has the possibility to sign your name on a legal document. It could cause you a lot of hassle.”

Medical power of attorney

There are different types of power of attorney, one of which is medical. An example of the decisions they make is, whether or not to pull the plug on life support. Arlene London says that her doctor told her to always have a power of attorney no matter what, because you never know what sort of medical emergencies you’ll face. Others say, that this is not necessary as a young person. Medical power of attorney is considered more necessary for a wider age range than financial power of attorney.

Financial power of attorney

The second type of power of attorney is financial. They may deal with more legal documents than the medical power of attorney. Dennis Powell suggests considering a person’s individual skills when choosing a power of attorney: “if your brother is a banker, then he may be able to handle your financial issues.” Melissa Adams doesn’t believe it’s necessary to have a power of attorney unless there is a “serious change in financial situations.”

Planning 

Planning for and understanding the process of power of attorney is also very important. The person you choose should not be caught by surprise by your request; and you should make sure they have all your passwords and other important documentation. It’s best to plan as far in advance as possible, as you may not know what you need in that moment. It’s a difficult, but necessary, conversation. It may be beneficial to have a medical power of attorney beginning at a younger age, but most people suggest finding one once you have more responsibilities, such as a spouse, children, elderly parents, and/or a household. It’s never too early to find a power of attorney, or at least begin the research necessary to start the process.

Wills

Living wills can either be drafted with the help of your attorney or can help you choose the power of your attorney. This usually happens when people are in their 40s and 50s, oftentimes in conjugation with life insurance policies.  

This page was developed from interviews from:

Dennis Powell, Arlene London, Melissa Adams, Julia Caldwell, Arthur Miller, Bonnie Burgess, Joyce Barry, Ingrid Jackson, Isaac Irene, Arlene Woolf, Wilfred Salinger, Jose Harvey.