Power of Attorney

"The majority of people with intellectual and/or developmental disabilities can manage their own affairs with informal assistance and guidance from family, friends, and others. When necessary, people should be aware of and have access to preferred alternatives." One of those alternatives is “Power of Attorney”

A power of attorney authorizes an individual to designate others to advocate on his/her behalf, including making medical and/or financial decisions.

Unlike a guardianship (authority from the court) or a payeeship (authority from the funding source), a power of attorney is given authority by the individual.

An individual can sign a valid power of attorney document if s/he has the capacity to understand what the document says.

information on Power of Attorney

Forms

Durable Power of Attorney - Finances

Durable Power of Attorney - Health Care

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From Evergreen Estate and Elder Law - The requirements for a valid and enforceable Medical Power of Attorney are as follows:

• The individual who will sign the document and seeks its enforcement (the grantor) must be at least 18 years of age;

• That individual must be mentally competent and understand the contents of the document;

• The document must clearly state when it will go into effect;

• The document must be witnessed and signed by two individuals, in the presence of a notary;

• The person who will hold the durable power of attorney (the agent), must be designated; and

• The health care directives to be followed should be clearly set forth.