Why Do I Need to Give Someone Power of Attorney?

Many organizations live by the motto “Always be Prepared.” It’s an approach to life that lets us be ready for problems before they even arise. In many cases, this means having a fire extinguisher in our homes or practicing fire drills at school or work. As we age, one way we can always be prepared is by designating a power of attorney.

Power of attorney (POA) is a unique privilege that allows another person to act on your behalf should you become incapacitated. Having an estate plan in place that designates power of attorney to a trusted friend or loved one is an excellent way to ensure all of your wishes are fulfilled according to your instructions, even if you’re not able to express them directly.

What is a Power of Attorney?

Power of attorney is a designation that allows another person to make vital decisions on your behalf. While a POA is most beneficial to people as they age, designating someone POA can be beneficial for anyone at any stage of their life. Because of the potential legal power involved in assigning power of attorney, there are different types of designations available. Some of these include, but are not necessarily restricted to:

• Medical Power of Attorney
• Durable Power of Attorney
• Springing Power of Attorney
• Limited Power of Attorney

Each type of power of attorney gives the recipient certain privileges and limitations. For example, a medical POA will allow someone to make medical decisions on your behalf, but does not necessarily allow them to make legal or financial decisions. Other types of POA are broader. For example, a durable power of attorney allows someone to act on your behalf in various matters if you become incapacitated. Suppose you are in a car accident and go into a coma. Someone with durable power of attorney would be able to make medical, legal, and other decisions on your behalf until you recover.

Springing power of attorney is a unique type of power of attorney that activates only under specific circumstances you have laid out. For example, if you have received a specific type of medical diagnosis that may incapacitate you unexpectedly, you can have a springing power of attorney in place. Like a medical power of attorney, a springing power of attorney usually requires a doctor to certify that you are incapacitated. This prevents the POA from being abused.

Who Should I Designate with Power of Attorney?

Power of attorney should only be designated to a family member, loved one, or close and trusted friend. Someone assigned the power of attorney will have a great deal of both responsibility and power. Regardless of whom you choose, you can place restrictions on your assignation. It’s important to remember that assigning power of attorney isn’t “signing your life away.” Some people are hesitant to assign a power of attorney because they’re afraid of a loss of control. However, power of attorney exists precisely so you can maintain control over your life even if you’re incapacitated.

What Happens if I’m Incapacitated and Haven’t Assigned Power of Attorney?

There are many reasons to have a power of attorney in place in Tennessee. One consideration is that, if you become incapacitated and medical decisions must be made on your behalf, it could result in a lengthy legal battle. In many instances, your next of kin would be assigned to make decisions, such as your spouse or adult children. However, if you are unmarried without adult children, and you do not have immediate family available to make decisions, it could result in court intervention. This means the court holds a hearing to identify and assign an appropriate guardian or conservator. This process can be time-consuming.

In the meantime, your health and other decisions could hang in the balance. Even at the end of the process, the court may end up appointing someone you may not trust to make decisions on your behalf. It is not unheard of for the family members of incapacitated individuals to end up in protracted legal battles on their loved ones’ behalf. Assigning power of attorney before you become incapacitated can prevent these hurt feelings and lengthy court battles, and ensure your health and wishes are prioritized.

How Can I Designate Power of Attorney in Tennessee?

Choosing someone to designate power of attorney can be an intimidating process. It’s also a way to ensure your own future and the health and well-being of those you care about the most. That’s why J. Anthony Bradley and the dedicated legal team at Bradley Law Firm, PLLC, are here to help. He can review your situation, help identify the best candidates for power of attorney, and determine what powers to assign to them. 

Valuing compassion and empathy above all else, J. Anthony Bradley and his team will make sure your legal concerns are taken care of so you can focus on what matters most: family, friends, and enjoying your life. Don’t worry about tomorrow—let J. Anthony Bradley do it for you. Call him today at 901-441-8215 to schedule your consultation.