Dr. Tyra Oldham. Photo provided

Care Corner:

• Selecting a power of attorney (POA) is a significant decision, especially for people of color and seniors.
• Factors to consider include trustworthiness, competence, availability, shared values, communication, and legal/financial knowledge.
• It is crucial to choose someone who will navigate systems, prioritize the person's well-being, manage confrontation, and seek legal assistance.
• Careful consideration, trust, and communication are essential for a wise decision.
• POA is more than a formality, providing stability, peace of mind, and control over one's affairs.

Selecting a power of attorney (POA) is one of the most significant decisions you’ll ever make. Just as you meticulously choose a car or a home, your POA will navigate critical decisions on your behalf when you cannot do so yourself. This article delves into the importance of this choice and provides guidance on making a wise decision. For a person of color, a POA will navigate the bias that one experiences in life, as well as add age to the mix. Just as people of color experience racism, seniors experience ageism. The POA is responsible for communicating, advocating, and considering the needs along with the quality-of-life concerns while engaging the system of health care, insurance, banking, and other aspects of the person’s life while navigating bias. The POA engages as the legal representative for another and speaks on behalf of a person legally, emotionally, financially, and spiritually. I am honored to be my mother’s POA; it is indeed hard work.

A power of attorney is a legal document that grants someone the authority to act on your behalf in various matters, ranging from financial affairs to health care, assets, economic, and other life decisions. Your POA is known as your agent or representative of record, should be someone you trust to carry out your wishes faithfully, spiritually, and fiscally.

Factors to Consider:

  1. Trustworthiness: Your POA should be someone you trust without reservation. Consider their integrity, reliability, spirituality, and ability to make decisions in your best interests, even when faced with difficult choices.
  2. Competence: Choose someone competent in handling the responsibilities associated with the role. Further, this includes managing financial affairs, understanding legal documents, and advocating for your health care needs.
  3. Availability: Your POA must be available to act on your behalf when needed. Consider their proximity to you and their willingness to assume the responsibilities of the role, especially during emergencies.
  4. Shared Values and Beliefs: Aligning your values and beliefs with those of your chosen POA can ensure your wishes are respected and upheld, even in challenging situations. Alignment of values and beliefs is critical when it comes to health care decisions and end-of-life care or support issues such as, rehabilitative care or facility choices for short or long-term stays.
  5. Communication: Effective communication is essential in any relationship, including the one between you and your POA. Choose someone who is open, honest, and willing to engage in discussions about your preferences, concerns, and priorities.
  6. Legal and Financial Knowledge: Depending on the scope of authority granted, your POA may need to make complex legal and financial decisions on your behalf. Select someone with the necessary knowledge or willing to seek professional advice when needed.

Making the Decision:

When selecting your power of attorney, take the time to carefully evaluate potential candidates and consider how well they meet the criteria outlined above. It may be helpful to have candid conversations with trusted individuals about their willingness to serve in this capacity and their understanding of your wishes. Often, parents choose their children to become their POA. The choice for making your child POA is usually by necessity. Some may feel their children are the only choice. In all cases, your child may or may not be the wise choice. Always consider the person’s capacity to make decisions. Will the POA make the best decisions that are in your best interest? Your POA is a major choice, so choose wisely for the short-and-long-term.

It’s also important to revisit your choice periodically, especially if circumstances change or your chosen POA’s ability to fulfill the role becomes compromised.

A Power of Attorney is more than just a legal formality; it is a cornerstone of effective personal planning. By thoughtfully selecting a trusted agent and clearly defining their powers, you can ensure your health, financial, and personal affairs are managed according to your wishes, providing stability and peace of mind for the future. Don’t wait for a crisis to make this crucial decision — take steps now to secure your quality of life for years to come.

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Why You Need a Power of Attorney:

  • Health Decisions: A health care POA ensures that your medical preferences are respected when the other cannot communicate their needs. Good decisions include treatments, surgical procedures, end-of-life care, and maintenance solutions. Your POA may also be your health care proxy. Life is easier if your POA can serve as both which allows for a smoother continuity of care.
  • Financial Management: A financial POA allows your agent to manage your assets, pay bills, file taxes, and handle other financial responsibilities. Economic thinking is crucial in maintaining financial stability and avoiding potential legal and financial chaos.
  • Continuity and Control: By setting up a POA, you maintain control over who makes decisions on your behalf, preventing court-appointed guardianship, which may not align with your wishes.
  • Peace of Mind: Knowing that a trusted person will manage your affairs can provide you and your loved one’s significant peace of mind, reducing stress during potentially difficult times.
  • Management Skill: A POA must be able to set up documents and follow through with signatory responsibilities. A POA is needed to transfer documents, establish beneficiaries if required, and become signatories on bank, vehicle, insurance, medical, and other assets while administratively supporting the care of another.

Choosing the Right Agent:

Selecting the right agent for your POA is a critical step. Here are some key considerations:

  1. Trustworthiness: Choose someone reliable and trustworthy. This person will have significant control over your affairs, so they must act in your best interests.
  2. Competence: Ensure the agent has the ability to manage the tasks assigned. For financial POAs, this might include financial acumen, while health care POAs may require a good understanding of your medical preferences and needs.
  3. Availability: The agent should be available to act when needed without significant delays.
  4. Willingness: Discuss the responsibility with the person you intend to appoint to ensure they are willing and prepared to take on this role.
  5. Compatibility: Ideally, the agent should share your values and have a clear understanding of your wishes and preferences.

Consider the following areas when deciding who is the best fit to be your power of attorney as a person of color and a senior:

  1. Power of attorney is your advocate and agent of record. If you’re a person of color, your POA will need to navigate economic and health care bias to support one’s wishes. Further, your POA will have to navigate age bias as well.
  2. Choosing a power of attorney is not a decision to be taken lightly. It requires careful consideration, trust, and communication. By selecting someone who shares your values, possesses the necessary skills, and is committed to acting in your best interests, you can gain peace of mind knowing that your affairs will be managed responsibly, even when you’re unable to do so yourself. Take the time to make this critical decision wisely — it’s an investment in your future well-being.
  3. The POA navigate systems. A POA will engage systems such as health care, insurance, and financial and with them are inherent systemic biases that can impact economic and health care decisions, particularly for people of color. Choosing someone who understands these challenges and can effectively represent your interests is essential.
  4. Select a POA who is not selfish. A selfless POA will provide better financial support and make sure you are supplied with necessary tools for a positive quality way of life no matter your health status. It’s important to select someone who is trustworthy and committed to fulfilling their responsibilities in your best interests.
  5. POAs must manage confrontation. Communication is key to the role of a POA. A POA will have to manage communications strategically to benefit the person or persons they advocate for.
  6. Last, get an attorney. An attorney can assist you in developing your Power of Attorney documents. Creating your document is not expensive yet; what is expensive to one person may not be to the other. An attorney can walk you through the wording and address your needs directly.

Choosing a power of attorney is not a decision to be taken lightly. It requires careful consideration, trust, and communication. By selecting someone who shares your values, possesses the necessary skills, and is committed to acting in your best interests, you can gain peace of mind knowing that your affairs will be managed responsibly, even when you’re unable to do so yourself. Take the time to make this important decision wisely — it’s an investment in your future well-being.

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