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Powers of Attorney & Medical Directives
Powers of Attorney for Finance and Health and Health Care Directives allow you to choose who will act for you if you are unable to act for yourself, and provide guidance on your health care wishes. Setting up these documents is critical. If you become incapacitated and do not have these documents in place, a Court must appoint someone to act for you through a Guardianship/Conservatorship proceeding. These proceedings are time-consuming, costly, and require on-going Court supervision. The person chosen by the Court may not be the person you would choose. And without directions from you about your end-of-life and other health care wishes, the person may not make the decisions you would want.
Power of Attorney for Finance
A Durable Power of Attorney for Finance appoints someone, known as your "Agent," to make decisions and manage your financial assets if you become disabled or incapacitated. Your agent is authorized to act for you with respect to your money and property.
You select what powers to give your Agent. In a typical Durable Power of Attorney for Finance, your Agent has the power to:
Use your assets to pay your everyday expenses
Handle transactions with banks and other financial institutions
Buy, sell, maintain, pay debts and taxes on property
File and pay your taxes
Manage your retirement accounts
Collect government benefits owed to you, such as social security
Invest your money
Buy and sell insurance policies for you
Operate your small business
Make gifts on your behalf
Transfer your property into a living trust that you’ve already set up
File legal actions on your behalf
Pay for your personal care and support for your family from your assets
Your Agent does not have the power to:
Revoke your will
Get married for you
Adopt a child on your behalf
Use your assets to benefit themselves
Health Care Directive
In Idaho, an advanced health care directive is referred to as a “Advanced Care Planning Document” (ACPD). An ACPD lets you: (1) choose an agent to make health care decisions for you if you cannot communicate with your doctor, (2) state your End-of-Life Wishes, and (3) provide instructions on your wishes for whether you are cremated or buried, the type of memorial you would like to have, and whether you have made any prearrangements.
An Advanced Care Planning Document help ease the burden on your loved ones by clearly telling them what you want. It also helps avoid intrafamily conflicts over your care and who can make decisions on your behalf. Importantly, the only time your health care agent will be able to make decisions is when you are unable to make your own decisions.
For more information on selecting a Health Care Agent, click here.
