Andrew Flusche, Fredericksburg Lawyer

There’s a lot of confusion in the public about what a power of attorney does for you. I regularly have to explain this important document to my estate planning clients.

Basically, a power of attorney gives someone else the legal authority to make decisions for you. This document doesn’t substitute their authority for yours. It simply gives them the ability to make decisions when you’re not available.

The key estate planning reason to execute a power of attorney is to plan for the unthinkable: your inability to make your own decisions. If you have a durable general power of attorney in place before you become incapacitated, your agent (or “attorney-in-fact”) can make legal, financial, and medical decisions for you.

Without a proper power of attorney, you and your family could be in a bind if something happens to you. Many people assume that a close family member can simply make decisions for them. However, that is not the case. If you are not able to make your own decisions due to incapacity, your family might have to get a guardian and/or conservator appointed for you. This entails a court procedure which costs money and will probably require help from an attorney.

The best thing you can do ahead of time is to execute the proper power of attorney. I typically provide this service for free to anyone who hires me to draft their will or trust.

A power of attorney is a simple, but incredibly important document. Don’t neglect it.

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