The brief segment initially scheduled for July 9 was rescheduled for July 14 as part of Chris Nolte’s morning program, “Regionally Speaking.”
After recapping the previous discussion about wills, I emphasized the extreme importance of “durable” powers of attorney - - that is, powers that remain effective or become effective after the incapacity of the principal. These powers of attorney come in two basic sorts: powers of attorney for property transactions and powers of attorney for health care. However, in Indiana, it is desirable to include most of the health care powers in a third document call a “health care representative designation,” which must be attached to the health care power of attorney itself.
Without such powers, even the spouses of persons who become incapacitated have no authority to carry out most property transactions on behalf of the incapacitated spouse unless they establish a guardianship. Also, although health care “surrogates” may make a variety of health care decisions for incapacitated persons even in the absence of a power of attorney for health care and a health care representative designation, the latter provide substantially broader powers. They also contain the advance directives of the principal about the principal’s wishes regarding the provision or withholding of certain types of medical treatment in the event of the principal’s incapacity.
Such powers enable the loved ones of the principal to help that person exactly when such help is most needed. By their very existence, they thus bring peace of mind to the principal and the designated agent(s) and successor agent(s). They largely eliminate the need for guardianships, which can be demanding of the guardians, demeaning for the wards (i.e., the disabled persons), and, of course, expensive. For these reasons among others, the AARP takes the position that all of its members should execute durable powers of attorney for property and health care while they are still legally able to do so.
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