Some financial institutions won't accept your power of attorney because they require the use of their own forms. Image: Jerome Quek/Shutterstock.com
By: FEDweek StaffYou may lose the ability to manage your own affairs as you grow older. Therefore, it’s necessary to have an incapacity plan in place.
Savvy incapacity planning usually includes the execution of a power of attorney, a document that names an agent who can sign checks, pay bills, and make other financial decisions on your behalf. Instead of a “regular” power of attorney, you may prefer:
Durable powers. A durable power of attorney can name a trusted friend, relative, or advisor to sign papers if you can’t make knowledgeable decisions. Such documents remain in effect if you become incapacitated.
Springing powers. These durable powers of attorney will go into effect only if one or more doctors state that you are incompetent or that you cannot perform some “activities of daily living,” such as being able to get dressed and go to the bathroom.
Although some legal fees are involved in executing a power of attorney, those costs likely will be modest. A durable power of attorney must be notarized but there’s no need to have it recorded anywhere. You get to choose the person you want to handle your affairs in case of incapacity.
A few other things to know:
A springing power won’t go into effect as long as you are competent.
You need to have absolute trust in the person you name as your agent.
Some financial institutions won’t accept your power of attorney because they require the use of their own forms. You should send a copy of your power to each of your banks, brokers, mutual funds, etc., to see if there will be any problem.
Some companies won’t recognize old powers. You should put an expiration date on the document and update it every year or two, in keeping with your current wishes.
Advance planning will help preserve family assets, provide for your own well-being, and can help avoid the turmoil and publicity of a guardianship hearing which might be required if nothing has been done.
Possible strategies include:
* Create a revocable (“living”) trust to hold assets. Even after you transfer assets into the trust, you can still control those assets and collect any income they provide. If you lose the ability to manage your own affairs, a co-trustee or successor trustee can take over the management of trust assets for you.
* Create a durable power of attorney. (see above) This document names someone else to manage assets that are not held in trust. You might get powers of attorney from the financial institutions that hold such assets, such as your IRA. Many financial firms are reluctant to recognize powers of attorney that are not on their own forms.
* Joint accounts. You might set up a joint checking account with, say, a trusted child or other relative. Then that person can pay your bills, if necessary. Be aware, though, that assets held in joint name will go to the co-owner at your death, even if you name other heirs in your will.
Also bear in mind the possible costs of ill health accompanying incompetency. This would include not only health insurance but also potentially disability insurance (if incapacity should occur when you otherwise would still be working) and long-term care insurance, to pay providers of custodial care, at home or in a specialized facility such as a nursing home.
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