How to Choose the Right Power of Attorney for Your Long-Term Care Needs

A Power of Attorney is a legal document in which you (the principal) designate another person (the agent or attorney-in-fact) to make decisions for you if you are unable to do so due to illness, incapacity, or other circumstances. These decisions may involve healthcare choices, financial management, or both. Establishing a POA—especially a durable one that remains effective even if you become incapacitated—is considered a foundational element of long-term care planning.

In long-term care contexts, the two most relevant types are:

• Healthcare Power of Attorney: Empowers your agent to make medical and personal care decisions when you are unable to communicate or decide for yourself.
• Financial Power of Attorney: Grants your agent authority to handle your financial affairs, such as paying bills, managing accounts, or handling legal matters.

It’s important to discuss your wishes with your chosen agent well before a crisis occurs and to document your preferences clearly in the POA itself.

Tips for Choosing the Right Power of Attorney for Your Needs

1. Look for Trust, Integrity, and Reliability

The most critical quality in a POA agent is trustworthiness. This person will have legal authority to act on your behalf, so they must be someone who respects your values and will act in your best interest—even in challenging circumstances. Consider individuals who are calm under pressure, organized, and capable of handling both finances and sensitive healthcare decisions.

2. Assess Your Needs Before Naming an Agent

Think about the type of decisions that may need to be made in the future. If you have complex finances, real estate holdings, or business responsibilities, a financially competent agent—or even a professional trustee—may be advisable. If health decision-making is a priority, choose someone who understands your medical preferences and can work well with healthcare providers and family members.

3. Decide Between Durable and Springing Documents

A durable POA becomes effective immediately and remains in effect if you become incapacitated, offering seamless transition of authority. A springing POA only takes effect upon a specified event, such as a doctor’s determination of incapacity, which can sometimes cause delays or disputes if the conditions aren’t clearly defined.

4. Include Backup Agents and Regularly Review Your Documents

Life changes—relationships, health status, and family dynamics evolve. Naming alternate agents ensures continuity if your first choice becomes unavailable. Additionally, revisit your POA periodically to confirm that it reflects your current wishes and legal requirements.

Why Planning Ahead Matters

Without a properly executed POA, your family may need to seek guardianship or conservatorship through the courts to make important decisions on your behalf—a process that is often lengthy, expensive, and emotionally taxing. By proactively choosing and empowering a POA agent, you give your loved ones the legal tools they need to honor your choices and support your long-term care goals.

Get Personalized Guidance from Katz & Baehre

Choosing the right Power of Attorney is a deeply personal decision that requires thoughtful planning and careful legal drafting. At Katz & Baehre, our experienced elder law and estate planning attorneys can help you understand your options, tailor your documents to your family’s unique needs, and ensure your long-term care plans are rock-solid. Contact us today to schedule a consultation and take this important step toward protecting your future.