Powers of Attorney- Part 7

The Document Itself

A power of attorney is conceptually a simple document. It names someone to act on your behalf. However, this simple concept does not necessarily mean that the document will be short or concise. A one page doocument (they are out there, I have seen them) that names "John Doe as my agent under this power of attorney" and nothing more would probably not be effective. Here are some tips about what to include in your Durable Power of Attorney:

-A long list of powers for your agent. The general rule of thumb is that if a power is not specifically listed in the document, then the agent does not have that power. I therefore recommend that you err on the side of over-inclusion, as you never know which powers you will need in the future.

-A statement that the power of attorney is "durable" and that it will survive the grantor's incapacity.

-Language specifically referencing medical records, making sure to include the magic acronym, HIPPA.

-A statement about the agent's responsibility for health care.

-It is helpful to include a statement that photocopies will have the same force and effect as an original.