Page 79 - Senior Link Magazine Spring 2024 - Online Magazine

SENIOR RESOURCES SENIOR RESOURCES

SHOULD I GIVE SOMEONE A COPY

OF MY WILL

OR POWER OF ATTORNEY?

In this brief educational article, I want to give the reader some things to think about; I do
not advise any reader to take a particular action without consulting a competent attorney.

ike many other estate planning document in question. If a testator These documents are the personal
attorneys, I generally recommend creates a new will and the whole family property of those who sign them, and
Lthat every competent adult at has a copy of the old one, the testator ultimately, they determine who should or
least have a will, financial and medical should notify everyone that the old one should not have copies. But bear in mind
powers of attorney, a HIPAA release has been revoked. If that is not done that most of the documents discussed
and authorization, and a directive to and the new one goes missing, a will here are intended for use during a
physicians and family or surrogates. contest may arise, causing all manner of person’s lifetime and considering who
A will distributes some or all of a complications. might need them would not be a wasted
decedent’s estate; a financial power of effort. In fact, just thinking about those
attorney names an agent and grants that It is appropriate for the principal to circumstances where these documents
agent certain powers to help the principal give copies of his or her financial power become critical might encourage someone
manage financial affairs; a medical power of attorney to the agents and alternate to consider creating and signing them if
of attorney gives an agent authority to agents named in the document. Beyond they have not yet done so.
make medical decisions for the principal that, the principal should consider
if the principal become incapacitated; the giving copies to his or her
HIPAA release authorizes one or more bankers, financial advisors,
agents to discuss the principal’s medical and possibly individuals
care with caregivers or providers; and and institutions holding
the directive to physicians and family the principal’s assets or
or surrogates allows a declarant to claims. As a practical
direct his or her care if 1) incapacitated matter, those named
and terminal or 2) permanently and in a medical power of
completely incapacitated. Depending on attorney or HIPAA release
the circumstances, I might suggest other should have a copy of the
documents, but for the purposes of this document, since they may
article I will stick to these five. need it to demonstrate
their authority to act under
Once they are signed, I suggest that it. Beyond that, I typically
clients keep the originals and a set of advise my clients to
copies together in a secure, accessible consider providing copies
place. Since originals are not needed of their medical powers
often, I generally advise clients not of attorney, HIPAA
to carry them around unnecessarily. releases, and directives
Losing an original will can make to physicians to their
probate far more difficult, and losing general practitioners and
an original financial power of attorney specialists. Most hospitals
can make a real estate transaction for and similar institutions
an incapacitated principal impossible have facilities to put such
outside of a guardianship. documents on record so
that they are available in
As for handing out copies of these emergencies.
documents, that depends upon the

Lubbock Senior Link 79