Is it better to obtain power of attorney for my father or just rely on being next of kin?

Question

I am his only child, he is divorced and only has one adult sister living. He has terminal cancer and is being placed in hospice care.

James Chandler · Answer

You should get a power of attorney and a power of attorney for health care.

Georges Shers · Answer

Power of attorney for medical matters would let you decide on treatment related matters when he can not. Being his only heir might not allow you to make medical decisions. Get power of attorney is relatively easy. I would think you would want both.

Christine Socrates · Answer

You should have both financial and healthcare power of attorney for your father and he should also have all his other affairs in order. This can be done as long as he has the requisite capacity to execute such documents.

James Oberholtzer · Answer

You should have a medical directive and a durable power of attorney if he is still legally competent. If he has any assets, put them into a trust for his benefit.

James Frederick · Answer

You are always better having a Power of Attorney. The only downside is the slight cost. I charge $200 for such forms, which completely avoid the need for probate appointment of a guardian or conservator. I have seen situations where doctors would not allow even spouses to make decisions without a POA. Being next of kin generally just puts you at the front of the line, at probate court. The cost of fling to open estates will be more than the cost of getting a POA set up. The rest of your father's estate planning should also be reviewed to make sure that everything is in order. It is a normal and natural part of the process that he is going through. It will make things easier and cheaper for you, and he will have the peace of mind that comes from knowing everything is in place.

Patrick Currin · Answer

If he has significant assets you should get a trust drawn up while he is still competent.

Victor Waid · Answer

Powers of attorney die when make of the power dies. Since your father is in hospice, he probably does not have the mental capacity to know what he is signing. Too late to obtain the document you are inquiring about.

Mark T. Peters · Answer

Next of kin may not be enough. You should get a power of attorney for medical care and for financial issues.

Michael Elliott · Answer

In North Carolina, if you do not have Power of Attorney you cannot make legal decisions for another person, regardless of your relation to them.

Frances Headley · Answer

Powers of attorney are always better. Being next of kin may be enough for medical decisions but will not help you with financial issues.

Christine James · Answer

If he has capacity, it is best to get Power of Attorney.  If his passing is imminent, it may not be necessary.  If he has an estate, you will want to discuss next steps with an attorney.

Brian Haggerty · Answer

Being next of kin gives you little, if any, legal authority. If your father has financial matters to attend to, and wants to name you his agent under a power of attorney, that would give you authority to do financial transactions for him. You may also want to look into an Advance Directive, which would give you the power to make medical decisions when your father is not able to communicate.

Erven Nelson · Answer

You definitely should get two separate powers of attorney from him now so you can make financial and healthcare decisions for him if he slips into a coma or becomes mentally incompetent.  The powers of attorney will not help after he dies because they will become invalid at his death.  Most people have the mistaken impression that powers of attorney survive death.  You should also have him execute a will, a living will, and a trust to handle everything after he dies.  In our office, we do a package estate plan which includes all of these devices.

Randall Romei · Answer

Someone should be named as the agent under a Power of Attorney for Healthcare.  This document grants authority to make medical decisions when your father is unable to do so. It also grants authority to receive medical information about your father's condition.  Medical confidentiality rules put the hospital and doctors at risk if they disclose medical information to unauthorized persons.  Most hospitals require a POA for Healthcare when a person is admitted for substantial treatment, surgery or the last illness.  Your father may also need a POA for Property to appoint an agent with authority to access his funds and pay bills.

Jayne Sebby · Answer

It would be good to have Power of Attorney for both finances and health care.  While being his direct descendent will give you precedence in making health care decisions, it won't allow you to pay his bills, deposit any income he is entitled to, sell assets, protect his belongs, and deal with other financial transactions that come up during this time.

John Greenleaf · Answer

If your father is competent, it is much better to have him sign a power of attorney for health care and financial so that you can help alleviate these concerns.  A power of attorney for health care will enable you to communicate with his health care providers in order to aid him in this process. The power of attorney for financial will enable you to aid him in taking care of his finances.  These two relatively inexpensive documents will most likely stop the need for a lengthy, and expensive guardianship proceeding at some point. As his only child, you have preferential rights with regard to applying for guardianship.  However, legally the medical care providers are very limited in what information you may be told.   I would highly recommend the powers of attorney.

Edwin K. Niles · Answer

There are two types of P/A's.  One is for health care decisions and the other is for asset management (banking, etc.)  You should have both.  Remember that these are only valid during Dad's lifetime.  He may also want a will.  You can find P/A forms on-line, and there is also a statutory will.

David Leon · Answer

I'm sorry to hear about your father. Always get a durable power of attorney, if possible. You should also get a medical power, advanced directive and a will, if possible.

James Maguire · Answer

It would be better to have the POA, just so that there are no   misunderstandings as to who has the right to act for him.   While you are at it, ask your father if he wants to sign a living will.   Most now specify who can make the decision to end life support, just like a   POA.

Steven Fluhr · Answer

My condolences on your father's health. As an only child of a divorced parent, you are the sole heir.

Dara J. Goldsmith · Answer

If he still has capacity he should execute powers of attorney and a Will. Generally speaking, next of kin is not sufficient if decisions need to be made.

Thomas Edward Gates · Answer

Power of Attorney is only valid while your dad is alive. At this stage there may not be a lot of help given his condition. Does he have a will? If he does not have one and there is no surviving spouse, you would get his estate. All states have intestate (dying without a will) statutes that define the order of beneficiary.

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Is it better to obtain power of attorney for my father or just rely on being next of kin?

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