LEGAL FORUM PROBATE

Q:My mother appointed me as her agent in her General Durable Power of Attorney and my sister as her agent in her Healthcare Power of Attorney. What’s the difference between our responsibilities?

A :A General Durable Power of Attorney (also known as a Financial POA) and a Healthcare Power of Attorney serve difference purposes and are created as separate legal documents in a person’s estate plan. While many people choose the same person, such as a spouse or an adult child, to be their agent under both the Healthcare and Financial POAs, it may sometimes be preferable to ask different people to take on these roles, as your mother did. Although you and your sister have very different powers and responsibilities under these documents, you will need to cooperate with each other to ensure your mother’s best care.

In a Financial POA, you designate a person as your “attorney -in-fact” or “agent” to oversee your finances. A Financial POA is often used so that your agent can step in and pay bills or handle other financial matters when you cannot physically or mentally handle your affairs. It may also be used for situations when it is not convenient for you to be present, such as a real estate closing in another state.

A financial agent should have enough financial acumen and diligence to handle their responsibilities. Online banking and electronic billing make it possible to entrust a power of attorney to the relative, friend or advisor most capable of taking on the responsibility and diligently executing it. Also, handling someone’s finances does not demand the intimate knowledge of endof-life wishes or religious beliefs that a healthcare agent should have.

In contrast, a Healthcare POA designates an agent to make medical and end-oflife decisions when you no longer have capacity to do so. When you can’t speak for yourself, your agent has control over the kind and degree of medical treatment you are to receive, including “Do Not Resuscitate” orders. Your healthcare agent should be over 18 years of age, someone with whom you can discuss your wishes frankly and who will follow those wishes.

Your mother chose the people she trusted to hold her medical and financial powers of attorney to ensure that her wishes are followed, and she expects you both to work together in her best interest should the need arise. If you have additional questions, please contact the DiCello Law Firm to further discuss your respective responsibilities.

Robert J. DiCello