Power Of Attorney

Top 5 Questions about Powers of Attorney

Powers of attorney are an effective estate planning tool but the attorneys at Garrity & Gossage often field questions about powers of attorney. The questions we are most often asked are below.

1. Are there different kinds of powers of attorney?
Yes. You should have a Health Care Power of Attorney to designate the person or persons who will make health care decisions for you if you are unable to communicate those decisions to your doctors. Thanks to increased privacy laws, many doctors will not even consult your spouse or your children unless you have a Health Care Power of Attorney on record with the doctor first.

You should also have a Durable Power of Attorney to name someone to make financial decisions for you if you are unable to do so for yourself.


2. What is a springing power of attorney?
A Springing Power of Attorney goes into effect when your doctor - either a doctor of your choosing or your attending physician - determines that you are no longer able to manage your own affairs. Not all powers of attorney are springing.


3. Who should have copies of my powers of attorney?
You should give copies of your Health Care Power of Attorney to your agents (the people you named to make decisions for you) and to your doctors. You should give copies of your Durable Power of Attorney to your agents, but you might also want to provide copies to your bankers, financial planners and accountant.


4. Does a power of attorney have to be filed at the courthouse?
Your Health Care Power of Attorney does not have to be filed at the courthouse, though you might want to consider registering it with the North Carolina Secretary of State to allow your family and doctors to access it easily in an emergency. Information about the Secretary of State's program can be found at Advance Directive Registry.

Your Durable Power of Attorney does not have to be filed with the court but should be filed with the Register of Deeds of your county.


5. What happens if I don't have powers of attorney?
If you become incapacitated, whether because of an illness or an accident, someone will have to step in to make decisions on your behalf. If you have not signed powers of attorney, the next option is to ask the court to appoint a guardian or guardians to manage your health care and your finances. Because the court must first declare you incompetent, the guardianship proceeding tends to be very emotional for your family and, of course, can become costly. The easier, less expensive approach is to execute powers of attorney now to save your family the emotional distres and financial burden later.