Your Rights, Power Of Attorney: Someone To Act On Your Behalf

Frequently the need arises to have someone help take care of your financial and health care decisions. Or you may just want someone to act in your behalf. If this happens, you want to have someone you can trust; someone who will make the proper decisions on issues that affect your well-being and finances.

What is a power of attorney?

A power of attorney is a document by which one person gives legal authority to another to act as an agent on their behalf.

Can I have more than one power of attorney at the same time?

Yes, you may have as many powers of attorney in effect as you desire. You designate the areas over which each will have authority, as well as the ways in which that authority will be exercised.

Can I limit the authority of the power of attorney?

Yes, the authority you give can be very broad or it can be limited to one or more express purposes. This might include broad authority to handle financial affairs such as cashing and depositing checks, paying bills and buying necessities. If, on the other hand, the power of attorney grants authority with respect to one or more express subjects or purposes only, then the authority is limited to carrying out only those purposes. These might include the handling of one specific bank account or one specific section of farm land. All these powers must be exercised prudently and in good faith.

What happens if I become disabled or incapacitated?

The general power of attorney terminates in the event you become wholly or partially incapacitated. Therefore, this type of general power of attorney, called "non-durable," is not very useful for persons who wish to pre-plan for possible future illness or incapacities because they are no longer effective once you have lost capacity.

What is a "durable" power of attorney?

A "durable" power of attorney is designed for use by persons who wish to appoint someone to handle financial affairs or make personal medical treatment decisions or both when they can no longer do so themselves. This type of power of attorney is called "durable" because it continues in effect even after you have lost capacity due to illness or injury. The "durable power of attorney" gives someone the authority to handle your affairs, can be either broad or limited and is not affected by your subsequent disability or incapacity.

Can I have a power of attorney for health care decisions?

Yes, this authorizes your agent to consent, refuse consent or withdraw consent to medical care, treatment or service. In Missouri, this type of power of attorney may direct your health care provider to withhold or withdraw artificially supplied nutrition and hydration if such authority is specifically granted by you in the power of attorney. The authority to make health care decisions commences when two licensed physicians examine you and certify that you are incapacitated and will continue to be so during the time that treatment decisions will be required. The duties cease upon certification that you are no longer incapacitated or at any time that you communicate the intent to revoke.

Does a power of attorney permit my agent to change or revoke my will?

No, a power of attorney cannot change or revoke a previously existing will or living will. Very often, the person you choose is a friend or relative rather than a lawyer. Since a power of attorney could be used to your disadvantage, it is vital that the person you select be trustworthy and conscientious. They should be willing to study your financial affairs and familiarize themselves with your health history and treatment preferences.

How do I provide for a power of attorney?

This is a legal process which should be done under the advice of an attorney. The Legal Assistance section of this handbook provides information to help you obtain these services.

Can I revoke the power of attorney?

Yes, under most circumstances you may revoke a power of attorney at any time simply by informing the people involved that you are revoking the power of attorney.