What are the Different Types of Power of Attorney?
There are several different types of power of attorney. Each type has a different scope and area of decision-making.
Medical Power of Attorney
If you are incapacitated, your medical power of attorney makes healthcare decisions for you. That could include pursuing or refusing certain treatments, surgery, and options for end-of-life care. Your medical power of attorney will also choose where you live if you need ongoing care, such as a skilled nursing facility.
Financial Power of Attorney
A financial power of attorney has the authority to handle all aspects of your finances if you cannot. This person would be responsible for duties like paying your bills, accessing your bank accounts, purchasing insurance, and making investments.
Your medical power of attorney and financial power of attorney can be the same person, or you can appoint a different individual for each role.
Durable Power of Attorney
“Durable power of attorney” is an umbrella term used to describe any durable powers of attorney who will act on your behalf if you become incapacitated. State law requires that specific language must be used when designating a durable power of attorney. This language is outlined in Mass. Gen. Law Chapter 190B § 5-501. For many people, a durable power of attorney makes the most sense because incapacitation is exactly when you would need them to step in.
Springing Power of Attorney
“Springing power of attorney” is another umbrella term. This type of power of attorney “springs” into effectiveness after a designated event, such as a future date or a specified circumstance.
Many people first think about a power of attorney during a life change such as a divorce or a military deployment. The fact is, all adults should consider designating a power of attorney, no matter their age or health status. Planning ensures that your wishes are carried out and prevents the courts from stepping in. You may also find that a power of attorney is a wise choice if you believe that your next-of-kin would not make the same choices as you would.
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