How to choose the right Power of Attorney

How to choose the right power of attorney

How to choose the right Power of Attorney? 

 

Selecting the right Power of Attorney (POA) is a crucial decision that ensures your affairs are handled by someone you trust if you’re unable to manage them yourself. Here’s what to consider:

1. Understand the Types of POAs

  • EPA for medical & welfare  – authorises an appointed attorney to make decisions about your personal care and welfare if you become mentally incapable.
  • EPA for property – authorises an appointed attorney to make decisions about your property affairs, particularly when you cannot do so for yourself because you have become mentally incapable.  This includes bank accounts, your house and all other assets you own.
  • Specific or Limited POA – Grants authority for a specific task if you become mentally incapable. 
 

2. Choose the Right Person (Most Important Decision!)

The person you appoint will have significant control over your affairs, so choosing wisely is essential. Consider the following:

✔ Trust & Integrity – Pick someone you trust implicitly, as they will handle sensitive matters like finances, medical care, or property.

✔ Decision-Making Skills – They should be level-headed, able to make tough choices under pressure, and respect your wishes, even if others disagree.

✔ Financial Responsibility – If they will manage your money or property, ensure they are responsible, organized, and financially savvy.

✔ Availability & Willingness – Your attorney should be willing and able to take on the role. Avoid appointing someone who is frequently unavailable or overwhelmed with personal obligations.

✔ Medical Knowledge & Advocacy (for Medical POA) – Choose someone who understands your healthcare preferences and can advocate for you in medical settings.

✔ Family & Relationship Dynamics – Consider potential family conflicts. If appointing a relative, ensure they won’t face pressure from others that could influence their decisions.

✔ Alternative or Backup Attorney – If your first choice becomes unavailable, it’s wise to appoint a secondary POA as a backup.

3. Consider More Than One Attorney

  • You can appoint multiple attorneys to share responsibilities or act as backups.
  • Decide if they should act jointly (together) or severally (independently).

4. Set Clear Powers and Limits

  • Define exactly what they can and cannot do to avoid misunderstandings.
  • Consider safeguards, such as requiring two signatures for major financial decisions.

5. Ensure Legal Validity

  • Your POA must be properly drafted and signed following legal requirements.
  • A lawyer can ensure it’s legally sound and aligned with your wishes.

6. Review and Update as Needed

  • Circumstances change—review your POA regularly to ensure it still reflects your needs.
  • Update if your chosen attorney becomes unavailable or if your preferences change.

Final Thoughts

Choosing the right Power of Attorney gives you peace of mind, knowing your affairs will be handled as you wish. Seeking legal advice ensures your POA is tailored to your needs and protects your best interests.

Need help setting up a Power of Attorney? Contact Shanahans Law for expert legal guidance in New Lynn. 

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