What is a POA (Power of Attorney) and why are they important? | Avalon Memory Care
  |  

What is a POA (Power of Attorney) and why are they important?

What is a Power of Attorney (and Why do I need one?)

A Power of Attorney is a legal document, usually conferred under state laws in the U.S., that allows one person to grant another person the legal right to act on their behalf. The person who signs the Power of Attorney is the “Principal.” The POA grants legal authority to another person (the “Agent” or “Attorney-in-Fact”) to make legally-binding decisions on behalf of the Principal about business, property, medical, finance, and other personal affairs, even if the Principal is not competent or physically able to make decisions.

Now you know the definition and you understand why it’s such an important document to have. What often matters most with a Power of Attorney is choosing the right “agent” for you. It’s a big decision. You want it to be someone you trust with your personal health and welfare. Someone who is going to make decisions for you if you aren’t capable of making them yourself. Choose a trusted family member or friend – a proven, trustworthy person – and let them know that they are your “agent.”

What kinds of POAs are available?

General, Special, Durable, Non-durable, Springing

The original term for the legal document was a “Durable Power of Attorney.” They were intended to provide a permanent and “relatively simple, inexpensive, alternative to court supervision of guardianship . . . upon the incapacity of the principal.”1 Since then (about 1979) variations of the POA have been developed based on specific circumstances and needs of the Principal.

Durable POA – In line with the original intent of the document, a “Durable” Power of Attorney goes into effect on signing (some states also require witnesses and notarization) and is in force until it is revoked or the Principal dies.

Nondurable POA – Used when the Principal is temporarily unavailable to act on their own, usually for a specific important event such as a real estate transaction.

Springing POA – A “Springing” Power of Attorney becomes effective when a specific event chosen by the Principal occurs (for example, an illness or disability). A “Springing” Power of Attorney remains in effect until the Principal’s death, or until revoked.

Special POA – Principals may also choose to limit the specific powers granted, such as limiting decisions to a specific area (e.g. medical and healthcare decisions, business decisions, or certain personal affairs such as an adoption) or to a specific event (such as a sale or purchase of property overseas).

Though a POA grants the Agent the right to make decisions for you, it doesn’t waive your continuing rights to make your own decisions as long as you are able. In fact, you may rescind (undo) a POA at any time and you don’t need witnesses or even a notarization to do it in most states.

Why do you need a POA?

As described previously, if you or a family member or friend are temporarily or permanently unable to make sound judgements and decisions about personal finances, business matters, healthcare, or other personal matters, a POA provides a simple legal vehicle to allow someone else to make those decisions for you.

Most of families realize that they need one when they or a member of their family enters some form of long-term care (such as long-term memory care) for a chronic condition. Initially these are usually “Medical” powers of attorney, specific to dealing with medical and other healthcare conditions. Families may also want to consider obtaining a General POA if their loved one has any significant assets that may need to be liquidated in the future to help pay for care. Since we don’t know what life has in store for us, a General POA can come in handy in case of an unexpected accident or health condition.

How to obtain a POA

You do not need a licensed attorney to obtain a power of attorney. State attorneys general and legal help websites typically provide resources explaining how POAs work in your state and include online or downloadable POA forms. (See the links under Sources below).

Some states only require the signature of the principal, some require one or more witnesses, and some require notarization.  Simply follow the requirements.

Once completed and signed by all required parties, no further actions (such as submitting the form to the state or other agency) are required to make the original form active and in-force. It would be smart to check with your bank about their requirements because some require a certified copy.  Most other organizations will accept a simple copy of the original form.

Sources

The original “Uniform Law” adopted by many states in 1979 may be found at https://www.uniformlaws.org/committees/community-home?CommunityKey=d7d4819d-01de-42d4-9f79-a9ca7bbbf076 and https://www.uniformlaws.org/committees/community-home?CommunityKey=d7d4819d-01de-42d4-9f79-a9ca7bbbf076.

General discussion of (primarily financial-oriented) POA at the American Bar Association. https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney/.

For the history of the power of attorney (back to 452 B.C.) see Catherine Seal, “Power of Attorney: Convenient Contract or Dangerous Document“ Marquette Elder’s Advisory Journal, Volume 11, Issue 2, Article 5, September, 2012 https://scholarship.law.marquette.edu/elders/vol11/iss2/5

Guidance and fillable PDF forms for General and Medical Powers of Attorney are available from the Kansas Bar Association website at: https://www.ksbar.org/page/DurablePowerAttorney and from the Missouri Department of Labor at https://dor.mo.gov/forms/2827.pdf.

Guidance for Elder Law Incapacity Planning, including why a POA is essential, Barrett, Cynthia L. (2012) “Elder Law Incapacity Planning,” Marquette Elder’s Advisor: Vol. 2 : Iss. 1 , Article 6, Summer, 2000 https://scholarship.law.marquette.edu/elders/vol2/iss1/6

See More Articles

  • Visiting Your Aging Parent With Memory Loss at Avalon Memory Care

    As a loving son or daughter, you naturally want the best of care for your senior parent. The compassionate assisted living caregivers at Avalon Memory Care want you to know that while your parent is living with us, he or she will receive nothing less than respectful, loving care within our comfortable, safe, and fully-staffed

  • Celebrating New Year’s Day in Memory Care

    Families often find that celebrations with their loved ones in memory care are easier when they embrace new traditions. For instance, it may not be practical to expect your loved one to stay up until midnight on New Year’s Eve. Instead, consider throwing a New Year’s Day celebration, complete with a countdown to the first

  • Understanding Parkinson’s Disease and Dementia

    Parkinson’s disease is an incurable neurological disorder, with progressively worsening complications. Perhaps the most well-known symptom of Parkinson’s is a hand tremor, but it can also cause speech changes, muscle rigidity, and impaired posture. Eventually, as the disease progresses, more than half of all individuals with Parkinson’s will require dementia care. This particular type of

Testimonials

“Since my mother has lived at Avalon, I have had peace of mind for the first time since Alzheimer’s began to exact its terrible price from my mother’s life. Thank you for your part in making our lives better.”
Daughter | Ft. Worth, TX
“I just wanted to let you know how much I appreciate the care and love afforded to my mom over the last two weeks. Your success in finding such quality people has my gratitude and respect.”
Daughter | Dallas, TX
“We are very pleased with all of the efforts that your caring staff has made to smooth this traumatic transition.”
Son | Plano, TX
“I know my husband had the very best care in his final days. I regret that I did not know about Avalon sooner.”
Wife | Dallas, TX
“Mom spent the final 8 months of her life in Avalon Memory Care in Allen. The staff was great. There was rarely a day that my brother or I did not come by and they were always friendly to us and did their best to make mom comfortable and happy. We really appreciated them for everything they did.”
Daughter | Allen, TX
“Making the decision to place my mother in residential memory care was the hardest thing I think I have ever done. But living at Avalon has been the best thing for her at this stage of her life.”
Daughter | Allen, TX
“My grandmother has lived at Avalon Memory Care for 6 months now. I cannot speak highly enough about the warmth, dedication, and caring compassion of the staff. They always make us feel welcome and go out of their way to work with us to accommodate grandma’s needs.”
Grandson | Arlington, TX
“My grandmother spent her final days at Avalon and we couldn’t have asked for a better place to care for her. The caregivers are attentive and kind, and many of them have been with Avalon for years. If you are looking for a place to love on you and your family in a season that is inevitably difficult, Avalon is a wonderful choice.”
Granddaughter | Arlington, TX
“We are delighted with the facility of Avalon Memory Care. We just placed Grandma in an apartment with them and couldn’t be happier. It is clean and well-lit, and everyone greets us, down to the folks who clean up.”
Granddaughter | Arlington, TX

Schedule a Tour

Visit one of our 30+ campuses and experience our unique approach to memory care.

Book Now

Careers at Avalon

Explore our wide range of
career opportunities!

Learn More