Aging in America Blog #4

Wild Card Blog Entry

This week's assignment really got me thinking and I wanted to blog about the Power of Attorney part of the assignment.

The attorney that I work for every now and then has executed many POAs and as a notary, I have actually been in the room when he explains the instrument to the people giving and receiving POA. Interestingly enough, he does this separately and has two completely different speeches for each party.

To the person granting Power of Attorney, Mr. M (the attorney) says, "This is the most powerful instrument you will ever sign." He stresses that once the POA is signed, the person receiving POA can act on behalf of the person granting the POA in every respect. He usually tells the anecdote of the loving military couple. They are newlyweds, just bought a house, husband goes on deployment for 6 months. Husband comes home to find former best friend living in his home, which is now in the name of his wife only.

Could this happen? Yes. Could it be undone? Yes, but the process of reversing actions carried out through a POA is much more difficult than one may think.

Now for the speech for the person receiving Power of Attorney. "This is the most power (the client) can legally give you. This is not a responsibility to be taken lightly." This speech rarely includes the anecdote about the loving military couple. Good attorneys know that you don't want to put ideas into someone's head.

To end, Mr. M is righ, a POA is the most powerful instrument a person can sign. Most attorneys, including Mr. M, do not reccomend POAs, even for couples that have been married for decades. The simple fact is that a POA is easy to execute, but nearly impossible to reverse once decisions have been made.