Your attorney should be someone that you trust, such as a family member, spouse, or long-term friend. It does not have to be a lawyer. You should not feel pressured or forced to make someone your attorney. The criteria for who can act as your attorney, and when their authority takes effect, differ depending on the type of power of attorney.

Power of Attorney for Personal Care:

Who can be my attorney:

• Your attorney must be at least 16 years old
• They must be mentally capable, and
• They generally should not be someone who is being paid to provide you with healthcare services, unless they are your spouse, partner, or family member

When does it take effect:

• Only once you are no longer mentally capable of making relevant decisions for yourself – so it is important to choose someone that you trust

Power of Attorney for Property:

Who can be my attorney:

• Your attorney must be at least 18 years old
• They must be mentally capable

When does it take effect:

• It can take effect immediately upon being signed and witnessed; or
• It can be written to take effect only once you become mentally incapable, if that’s what you specify in the document

You can appoint more than one attorney for either role. By default, they must act jointly, meaning they all have to agree on every decision. If you want them to be able to act separately, so any one of them can act alone if needed, your document must specifically say so.

Create your Power of Attorney

Planning for the unexpected can be stressful but having a Power of Attorney for Personal Care and Power of Attorney for Property help make sure your wishes are followed and someone can handle your affairs if you’re unable to. It also reduces stress and uncertainty for your family. Create your Power of Attorney quickly and affordably with Legal Line Documents. Without one, important decisions can be delayed when they’re needed most.

								
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