The air has cleared, and the energy has calmed, at home, and we have moved on to other matters weighty and light. Light like what’s for dinner. Weighty like powers of attorney. Dinner is hot deli roast beef slices left over from a family party, with mashed potatoes and gravy and steamed asparagus on the side. On the weightier end, new powers of attorney are signed and notarized. Mom’s and Dad’s “springing” powers of attorney from 1999 each named the other an attorney-in-fact, an agent, effective only upon the disability or incapacity or incompetence of either one. I was named as substitute attorney upon the incapacity of them both. These documents have fulfilled their 24-year function well, and I rested peacefully on them, that is, until my very smart brother explained their potential effect-in-fact at this point in time. To trigger either POA, I would have to transport my incapacitated father or mother to one or more “disinterested” physicians (not their own), explain to those physicians, in my father’s and mother’s presence, the ways in which they are no longer competent, and obtain physician affidavits to that effect. Only then could I act on my parents’ behalf in making decisions and managing affairs. This, say the experts, is a process “destined to destroy” even the most loving and supportive of families. With sibling support, I discussed this concern carefully and fully with Mom and Dad, and received their blessing to prepare “durable” powers of attorney, which will allow me to help them with their decisions and affairs irrespective of their competence. Of course, I will consult first with them, and with my wonderful siblings, in so doing. A notary came to our house to notarize Mom’s and Dad’s signatures on the new POAs. Mom and Dad feel relieved, and I feel so relieved. In additional to protecting them and their assets, I hope to have avoided unnecessary and uncharacteristic stress in the family. We can focus more on caring for Mom and Dad, and each other.
Courage at Twilight: Powers of Attorney
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