5 Stories You’ve Heard About Power of Attorney That Aren’t True

Power of Attorney: Elder Law Mountain Brook AL

What is a power of attorney? People often need clarification regarding the legal designation of an agent who acts on your behalf. That’s what a power of attorney does. It names a person who will act on your behalf if you’re unable to speak for yourself.

No Matter What Stage of Alzheimer’s Your Mom Is In, She Can Get a Power of Attorney

This is a common issue. Your mom has been diagnosed with Alzheimer’s disease, but she has her cognitive skills. There’s no rush on any legal protections. There’s plenty of time, and even if she starts a decline, she’ll still be allowed to name her financial and medical power of attorney agents.

That’s not true. If an attorney decides she is not able to make decisions due to her decline, she cannot sign a legal form. She needs to fully understand what she’s signing and agreeing to before a lawyer will let her sign.

Free Online Documents Are Just As Good 

Why not save money? There are plenty of free online legal documents for a power of attorney. Free online documents are just as good and far less expensive than a trip to an elder law practice.

Your mom may live in a state where online legal forms are not legally binding. If that’s the case, you may find out too late that the form she has is useless.

Your Choice of Agent Isn’t That Critical

Your mom’s not worried about who makes medical and financial decisions for her. It won’t matter as she trusts everyone. This is a big mistake. If there’s a medical emergency and your mom needs you or another sibling to make a decision, you may not make the same decision she would have. 

Suppose your brother is adamantly against experimental treatments, but your mom is fine with it. She cannot be sure that he will do as she wants. She needs an agent who will do exactly as she wishes.

If You Don’t Have One, the Hospital Will Listen to Family

This is one of the most common reasons for not having a power of attorney. If something happens, your mom is certain the hospital will do as her family says. Legally, the doctor has to do what’s in the best interest of the patient. If your mom is against blood transfusions, but a doctor feels it’s what will save her life, she’d get one.

You No Longer Act For Yourself

Finally, a lot of people feel a power of attorney signs over decision-making immediately and permanently. If she gets better, she’s convinced that whoever she named as an agent is going to make decisions for the rest of her life. That’s also not the case. Her agent only acts on her behalf when she is unable to speak for herself.

Elder law services cover everything from wills to powers of attorney to wills. A power of attorney for financial and medical decisions is one of the most important forms to fill out. An elder law attorney can help your dad draw up these papers to ensure they’re legally binding.

If you or a loved one need assistance with Elder Law in Mountain Brook, AL contact The Alabama Elder Care Law Firm, LLC today. (205) 390-0101