Popular Misconceptions about a Power of Attorney

In our work with seniors across Connecticut and New York, we often witness confusion with regard to estate planning and advanced directives. People think a durable power of attorney is the same thing as a health care power of attorney. The misconceptions about it all can create problems for older adults and their families in the case of an emergency.

Here are a few popular misconceptions to help you better understand what a power of attorney is and isn’t.

Myth #1: A Durable Power of Attorney and a Health Care Power of Attorney are the same.

FACT: Durable Power of Attorney is for property and designates who can make financial and business-related decisions for you. A Health Care Power of Attorney is for medical decisions. In Connecticut, for health care it is the appointment of a health care representative.

In the state of New York, Health Care Power of Attorney isn’t recognized. Instead, the state requires a health care proxy.  Both New York and Connecticut now separate the duties between financial and health care in order to avoid confusion.

Myth #2: POAs are just for the elderly

FACT: Accidents and unexpected illnesses can happen at any age. That is why it is important for all adults to have both a Health Care Power of Attorney and a Durable Power of Attorney. Should an unforeseen event render an adult incapacitated, the family would have to apply for a guardianship in the absence of a POA. That can be a long and expensive process.

Myth #3: If I sign a POA, I am giving up all my rights and control

FACT: A Power of Attorney can be written so that it does not become effective at the time it is signed and notarized. Instead, it can require a physician statement that the signor is incompetent to make his or her own decisions. The scope of a POA can be as broad or as limited as you wish for it to be.

Myth #4: If I am assigned as POA, I make the decisions

The relationship is more of employer-employee. You are in charge and your decision supersedes that of your employee (agent) unless you are incompetent.

Myth #5: A POA is good only in the state it was written

FACT: This is true in some states but not all. In Connecticut, most POAs from other states will be good. New York requires two documents for health care decisions. One document is a health care proxy and the other is document directing health care. You can check your state’s requirements here.

Are you a caregiver in Connecticut or New York?

Does your loved one have a POA of some kind?

Helpful Resources in Connecticut and New York

CONNECTICUT Advance Directives: Planning for Future Health Care Decisions

CTLawHelp.org

Power of Attorney Forms from the New York State Bar Association

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