Tips in Creating Your Power of Attorney

Posted on May 24, 2011 by John Hugg

The Wall Street Journal recently ran an article about Durable Powers of Attorney and their potential for abuse. The article set out several recommendations to ensure your Power of Attorney will be honored and adhered to, as well as tips to minimize the potential for fraud. Among the recommendations:

  • Use different Power of Attorney documents for the different states in which you may reside;
  • Require regular reporting of financial transactions and investments to remaining family members;
  • Have all children agree or consent to certain major financial decisions;
  • Check with your bank or other financial institution to make sure the form will be honored; and
  • Limit access or the original Power of Attorney document.

Given the potential for abuse in this area, it is almost always a good idea to build in more safeguards than less.
 

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POLST Forms

Posted on May 20, 2011 by John Hugg

I get a fair number of questions about the POLST form. So here’s a brief synopsis. POLST stands for Physicians Order for Life Sustaining Treatment. The POLST form is not a substitute for an advance directive, or Living Will, but is intended to “summarize” a person’s wishes regarding life sustaining treatment. The form is not created by an attorney. It is supposed to be provided only by a physician and to be effective must be signed by both the patient and physician. The form contains sections covering administration of CPR, other medical interventions, administration of antibiotics, administration of artificially provided nutrition and a summary of goals. As with most everything the POLST form is appropriate for some people and not others. So give some thought as to when and under what circumstances you should complete the form.

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