Power of Attorney's and what they are used for.

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Looking more in depth at each Power of Attorney
Financial Power of Attorney- A Financial Power of Attorney is (1) effective during your life unless revoked, and (2) upon death this document is no longer effective, and your Last Will and Testament governs.     

1. Durable Power of Attorney: A durable power of attorney is effective when you execute the document and when your agent signs the acknowledgment agreeing to serve as your agent.  You do not have to be incapacitated for your agent to act under a durable power of attorney.
2. Springing Power of Attorney: A springing power of attorney is only effective upon some triggering event.  For example, a springing power of attorney may be effective if you are incapacitated.

      Recommendation: The Law Offices of Samantha K. Wolfe recommends that individuals execute a durable power of attorney to ensure that your interests can be immediately protected if you become incapacitated.
   Typically, if you have a springing power of attorney, the agent cannot act until two physicians agree that you are incapacitated, which may take a period of time.  Our thought is that if you are appointing someone that you trust to serve as your agent, then in an emergency, you would want them to act immediately.
      What powers should be included in my Financial Power of Attorney?

1. Power of create both revocable and irrevocable trust,
2. power to make unlimited gifts (unless you specifically grant your agent the ability to make unlimited gifts, your agent can only transfer $15,000 and there may be a need to make larger gifts between spouses, at least),
3. power to update beneficiary designations for retirement accounts and insurance products,
4. power to access digital accounts, and
5. a financial release to your agent.

*Any Financial Power of Attorney executed prior to 2015 should be reviewed because the law changed in 2015 for powers of attorney.

Health Care Power of Attorney- A Health Care Power of Attorney is effective if you cannot express your wishes to the physician, but are expected to recover from the medical issue.  A Health Care Power of Attorney is the first part of your Advanced health Care Directive.
      Typically, an Advanced Health Care Directive consists of a Health Care Power of Attorney and Living Will.  The Law Offices of Samantha K. Wolfe separates the health Care Power of Attorney and Living Will into separate documents since each document is legally effective at different times.
    What should a Health Care Power of Attorney include?

1. Appointment of an agent and at least one successor agent;
2. A HIPAA release granting your agent and additional individuals access to information and the ability to communicate with medical professionals;
3. The ability to admit or discharge you from a medical facility responsible for your care; and
4. Any funeral preferences or directions regarding disposal of your remains (for example, cremation, etc.).

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​Living Will- A Living Will is effective if you cannot express your wishes to the physician and have a terminal diagnosis with no realistic hope of recovery.  A Living Will is the second part of your Advanced Health Care Directive. 
      Typically, an Advanced Health Care Directive consists of a Health Care Power of Attorney and Living Will.  The Law Offices of Samantha K. Wolfe separates the Health Care Power of Attorney and Living Will into separate documents since each document is legally effective at different times.
      What should a Living Will include?

1. Appointment of an agent and at least on successor agent;
2. A HIPAA release granting your agent and any additional individuals access to information and the ability to communicate with your medical professionals;
3. The ability for your agent to consent to pain-relieving drugs being administered intravenously in order to keep you comfortable;
4. The direction that you do not want any life prolonging procedures including CPR, dialysis, ventilation, surgery, chemotherapy, radiation, antibiotics, or a feeding tube;
5. Direction that you do not want a feeding tube if you are diagnosed with dementia or Alzheimer’s Disease, and your health deteriorates to the point that you lose the ability to swallow, since the diagnosis is not necessarily a terminal diagnosis; and
6. Any funeral preferences or directions regarding disposal of your remains (for example, cremation, etc

Mental Health Power of Attorney- A Mental health Power of Attorney is used in 2 situations:
      1.  When an individual has a history of mental illness; or
      2.  When an individual is planning for the second half of life and wants to address treatment for dementia or Alzheimer’s.

     An agent under your Health Care Power of Attorney cannot consent to experimental treatment, and sometimes for federal funding purposes, a drug is labeled experimental, and you may want your agent to be able to consent to that treatment, after consulting with your treating physician and determining that is in your best interest.

     Recommendations: The Law Offices of Samantha K. Wolfe recommends executing a Mental Health Power of Attorney to grant your agent the maximum amount of power he or she can receive under Pennsylvania law, so that your agent does not have to petition the court in order to have the authority to act in that manner.

**Please note that under Pennsylvania law, your Mental Health Power of Attorney automatically expires every 2 years.  If you have capacity at the end of 2 years, we recommend that you execute an updated Mental Health Power of Attorney.