An Ounce of Prevention is Worth a Pound of Cure
Once again, I’m going to revisit the topic of powers of attorney – both health care and finance. Not because the topic is sexy or otherwise eye-catching but because they are so important, and I cannot overstate that. But, with a lot in life, timing is important. As I’ve mentioned before, one does not get a power of attorney when it’s needed, one must have it in place before it is needed.
On a regular basis, I receive calls at the office that go a little like this… “Dad has fallen and his faculties seem to be diminishing, I need to make an appointment to ‘get a power of attorney for him’.” That’s not how it’s done. Or another scenario, “I’ve had to put Mom in memory care, so I’ll need to ‘get powers of attorney for her’ to be able to take care of her.” Nope. We’ve passed the point of going the power of attorney route there, likely. Another call sounds like this… “Dad had an accident/fall/episode and is now in the hospital. They won’t release him without the proper legal paperwork, so ‘I need a power of attorney for him’ to take him home.
Are you starting to see a common theme here? We are waiting until something happens and then responding. Where powers of attorney are concerned, one has to be proactive. These documents have to be in place in advance because the POWER in a power of attorney must be granted by the giver of that power when she or he has the power to grant it. Not when they become incapacitated. When one has lost the capacity to grant that power, there will be no more granting – ever, or at least until they regain capacity. And the latter scenario may never happen.
I’ll return to the scenario I referenced above where someone has fallen and is now in the hospital and I get the call from a social worker, a nurse, or a family member. I’m being told that since there is no surviving spouse of the incapacitated person, the hospital won’t release them without the legal directives in place. I know what is coming next. If the call is from a family member, the request is usually asking how they can get a power of attorney for their parent. We know the answer to that question. If the call is from a social worker or a nurse, the conversation will likely center around how we can move forward with a guardianship and conservatorship petition for the incapacitated person.
Folks, for those of you who are unfamiliar with guardianships and conservatorships, believe me when I tell you that this is the nuclear option. This is the scenario of last resort. It involves the court system, multiple attorneys and agencies, and time and money – so much more time and money than having powers of attorney drafted and in place. We’re talking a few hundred dollars compared with a few thousand.
I have seen someone lose capacity over the span of 48 hours – sometimes quicker. It can come in a flash, especially with trauma experienced with a fall or a household accident. You cannot wait till the other shoe drops and then respond. There is so much more one can accomplish when they are proactive rather than reactive. You can have more control over your own life and its direction rather than cast your destiny into the winds of chance. Decide now, do it now. No one else can do it for you. And if I can help, I’m here.
