Watching a family member or relative decline is difficult enough by itself. However, things will become a bigger nightmare if a loved one does not have a power of attorney for finances and healthcare decisions – POA for healthcare -. It is absolutely imperative that a family member or loved one makes decisions on whom he or she wants to handle personal affairs should he or she becomes incapacitated. In order for a power of attorney (POA) in UAE to be considered valid, it must be created while the grantor of rights and authority is still healthy and capable.
There are two areas wherein a person has to ensure there’s a power of attorney created: finances and healthcare (Special Power of Attorney).
How can a POA for healthcare help?
A POA for healthcare will be given to a person that a grantor wants in making medical decisions on his or her behalf should there be an emergency that arises. Although you’ve already set out all of your wishes in a declaration related to healthcare, a declaration can never be able to cover all circumstances. This is why a durable POA has to be present and given to a trusted agent, a person granted authority, in order to make decisions that aren’t covered by an existing healthcare directive.
The person that is granted durable powers with the use of a durable POA for healthcare is referred to as a proxy, agent, or attorney-in-fact.
With a POA for healthcare, you will be able to provide your agent with the authority to do the following:
- Access your medical records
- Decide how your body is going to be handled when you pass away (this often includes organ donation). Note: should you have specific thoughts regarding the matter, adding them into a living will is going to trump the authority of someone else that is given a power of attorney.
- Go to court on whether you should withhold or receive a specific type of medical treatment
- Decide the medical facilities that you have to go to
- Offer or deny the consent needed for medical treatment just as long as the decision does not disagree with anything that is in a living will
- Get visitation rights
Remember that when you grant a person with a healthcare power of attorney, you’re giving complete authority when it comes to healthcare decisions to someone else. But, you can also limit the agent to make only certain decisions. We suggest taking precaution when limiting the powers of the authority of an agent as the primary reason for having a person as an agent is because a living will cover all possibilities. In the event that you want specificity, it’s better if you do so in a living will wherein a person that is given a healthcare POA can’t override.
In order to make a healthcare POA, you need to be of legal age and be competent as you create the legal document. The document will take effect as soon as your physician declares that you’re incapacitated in making your very own medical decisions. A healthcare POA is only extinguished upon the death of the grantor, through revocation by the agent or the court, or divorce with an ex-spouse who is the grantor of a healthcare POA.
Read also: Types Of Power Attorney & When You Need One?
How can a POA for finances help?
A POA for finances is provided to an agent in order to have someone else become capable of managing the finances of the grantor should he or she becomes incapacitated. More precisely, a financial POA is a document that grants someone the legal authority in acting on the behalf of a grantor for financial issues. The official title of the person given authority is the same as with a POA for healthcare, which is an agent or attorney-in-fact.
Just like with a healthcare POA, you’ll be able to limit the power of a financial agent. You can grant as little or as much power, whichever you deem appropriate. As you decide to set limits or otherwise, you need to consider the types of actions that your agent will most likely be asked in performing.
This can include:
- Pay bills;
- Pay taxes;
- Pay medical expenses;
- Manage real estate and property assets;
- Access financial records;
- Invest on your behalf;
- Collect any retirement benefits;
- Transfer and sell assets;
- Buy insurance;
- Hire someone in representing you for legal proceedings;
- Operate your business
Read also: Power Of Attorney Abuse
An agent can’t do just whatever as he or she is expected to only act within the best interests of the grantor of authority. An area where there’s potential conflict is with regards to settling medical expenses. The medical and financial agents may not be one and the same. When the two disagree, then the financial agent may make receiving specific medical treatment and care particularly difficult.
Should you have questions and/or concerns regarding powers of attorney in UAE for loved ones, most especially the legalization and notarization of a power of attorney, call us here in Notary Public Dubai today!