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Let’s ask Jo! She’ll know!
Q: I notice a lot of people throwing hissies because Senator Diane Feinstein gave her daughter a Power of Attorney, which got me to thinking. I gave my son a Power of Attorney—or at least I think I did. What have I done?
A: I couldn't tell you. Even if I knew the specifics of your situation, I no longer play a lawyer on the radio or in real life, so I can't give you a legal opinion. However, I can share some basics of delegating decision making authority, and that's what a Power of Attorney is meant to do.
Are all Powers of Attorney the same?
Absolutely not. To begin with, the decision making powers granted by the "principal" can vary widely. For example, I can execute a Power of Attorney that applies only to real estate transfers while I vacay in San Tropez and provide that it expires as soon as I return. Or I can execute a plenary POA, meaning my Attorney in Fact can do anything I can do; and I can make it effective immediately and/or if I become decision making challenged.
See how there are no quick answers? And I haven't even touched on Advance Directives, which are Powers of Attorney for Health Care and Living Wills (I favor a combination form). They focus on substitute decision making if the principal lacks capacity, right up to the end of life, whether the condition is temporary (e.g., anesthesia during surgery) or permanent (e.g., a vegetative state). Again, these can—and should—be unique to each individual, in both scope of authority being granted and decision making guidance.
I'm hoping this info overload convinces you to think about who will step up if you are not able to manage your affairs. Caveat: state law kicks in if you abdicate the right to delegate, and you may not agree with the wisdom of lawmakers. For everything POA that you never knew you needed to know, check out my book on the subject. And a big shout out to DiFi for prompting your question.
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